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Resigned Employee still has pending balance

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1 Resigned Employee still has pending balance on Fri Sep 22, 2017 3:44 pm


Arresto Menor
Hi! I have a case where an employee has been resigned for over a year but still has pending balance. I decided not to send a notice of collection because I havent fully paid their benefits. Here are my questions

1) Can I still send a notice of collection?
2) Is there a specific format for the notice of collection or will any format do?
3) Do I need to have the previous employee sign the notice of collection?

Thank you

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Reclusion Perpetua
You collect the balance from the employee's backpay. If the backpay is insufficient, you can hold the processing of his clearance or hold the release of his/her COE.

If the employee already has completed his/her clearance, you file a civil action in court to recover the amount. Note that if the employee has already been cleared from all accountabilities from the company and that the balance was appeared later on, it would be very hard for you to persuade the judge and collect the same.

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Arresto Menor
Noted, I have documents to prove that the employee still has balance. So all I need to do now is to file a civil action in court? There shouldn't be a problem even if it has taken me over a year to file the case?

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