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Employer Asking For Payment of Damages From Breach of Contract

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MrMidnight22


Arresto Menor
Good Evening!

My employer is asking for 100,000 worth of damages. The breach of contract that is stated in the letter are:

*Disclosing tutorial videos to a third party.

*Deleting company items (in Google Docs)

*Using company email for personal purposes (for online jobs)

For the first reason, the third party is a former employee and the I am the owner of the video. But the video was taken at the school.

For the second, I do not have an idea why the items were deleted in the first place. The Google account was created by me and not the company.

For the third, the employer told me while I was still new to the company that it is okay to do extracurricular activities as long as it is not interfering with work. (I do online work at home)

I already returned the company computer which I used for my classes. But the employer refuses to sign my clearance because of those three reasons.

BTW. The owner of the company is a Japanese who only holds a tourist visa. Also most certificates that they have like TESDA, safety are all products of bribes.The company is an ESL school. I received the letter and I am no longer connected with the company. Please give me advice for this. Thanks!

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HrDude


Reclusion Perpetua
1. How were you separated from the Company?
2. You can only pay for damages if there is a court order.
3. If the employer refuses to issue or sign your clearance, file a complaint in the DOLE just to get the issue running. There, parties will have the opportunity to settle.

NOTE: You CANNOT question the circumstances of your company's certificates. You have no standing to question that. You cannot even raise that in your complaint, if you do file one.

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MrMidnight22


Arresto Menor
HrDude wrote:1. How were you separated from the Company?
2. You can only pay for damages if there is a court order.
3. If the employer refuses to issue or sign your clearance, file a complaint in the DOLE just to get the issue running. There, parties will have the opportunity to settle.

NOTE: You CANNOT question the circumstances of your company's certificates. You have no standing to question that. You cannot even raise that in your complaint, if you do file one.

I rendered a 30-day resignation. They have a non-disclosure agreement that I signed when I started my employment. I already returned all company property. However, they are holding my clearance because of the lost documents.

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HrDude


Reclusion Perpetua
In that case, clarify all the documents that were allegedly got lost and present your evidences. If not, settle by filing a complaint.

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MrMidnight22


Arresto Menor
HrDude wrote:In that case, clarify all the documents that were allegedly got lost and present your evidences. If not, settle by filing a complaint.

Do I need a lawyer to file a complaint?

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HrDude


Reclusion Perpetua
No, just go to any DOLE Office and file a complaint.

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MrMidnight22


Arresto Menor
HrDude wrote:No,  just go to any DOLE Office and file a complaint.

Thanks for the advice.

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