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employer refuses to release my final pay

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1 employer refuses to release my final pay on Mon Feb 28, 2011 11:41 pm

karenrafael


Arresto Menor
Good evening Atty.

I've worked for the company for 5 years. I have been frequently absent during my last year due to personal problems and I have been suspended as a consequence. early this month, I personally talked to my immediate superior & filed for a resignation effective Feb. 15, 2011. It was duly received by the HR and noted by my immediate superior. Also, my boss approved that my remaining 15 days of VL shall apply to the dates Feb. 1 to 15, so it will be like a terminal leave. My boss told me that I only have to turnover my responsibilities which I did. Feb. 15 passed and a few days later I received a call, my boss says my final pay shall not be released unless I'd be able to locate a missing document. I have no memory of such document nor have I signed any transmittal as proof that the missing document is in my custody. My boss wants me to go to the office and locate the document because three people have been looking for it on her files and failed. I refused because I am not liable for the loss. This morning I received another call again from the office. I was told that my boss would like me to itemize her files and have it received by the one who'll replace me otherwise my final pay shall not be released and they will not give me a Certification of Employment.

Can they really do this? I mean, is this legal? Am I still obliged to give in to their whims even after Feb. 15? Can I file a complaint against them? I really need my last pay. Please help me. Thank you very much.

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2 Re: employer refuses to release my final pay on Tue Mar 01, 2011 3:52 pm

attyLLL


moderator
As much as it is irritating, I recommend you at least go through the motions of 1) sending an email stating that you have no recollection of the document, but 2) still go there and spend a day trying to look for it.

No, it's not right, but I find it's the less of evils vs. having to file a complaint at the NLRC which will take months to resolve.


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