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Breach of contract

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1 Breach of contract on Thu Jun 02, 2011 9:28 am

pearl


Arresto Menor
Good day to all.

I would just like to know if i can sue a company who i signed a contract with that I'll undergo training for 1 week and I'll get P3000 whether i pass/fail.

At the end i wasn't able to make it.
All of us who failed thought we can get our cheque right away since that was what told to us during contract signing though it was not stated in the contract the specific date.
After 2 months of waiting they just gave me a cheque for P2600 (in the contract P3000) without confirming the real reason.

The staff said i was late at first then i strongly denied it then after trying to check it she said I was absent in our 1st day of training which is not true.
Then I said they can even pull up the log sheet of the guards bec. what we always do everyday during the 1 week training is to log in first to the guards the date and time we come in affixing our signature.

I wouldn't want to accept the cheque for P2600 bec. i waited for long for it.They didnt keep their promise of giving it after the result of training and now its not even the right amount and they've been accusing me of wrong reasons.

The staff said i can get the cheque and she'll personally take care of me getting the remaining P400.
I ask what's my assurance i can still get it.
She said I have her # since she's the one who informed me my cheque was available.
I believed her but up to now not a single txt message i haven't gotten from her & it's almost 3 weeks now.


I know its only a very small amount of money.But bec of what they did..


1.Application process took me going back and forth from sampaloc-ayala early in the morning for 4 days to finish.

2. Was offered the training bec. they said i didnt pass one of their client's metrics. But if i pass it i will move forward to the next training with the basic+package total of P18000 signing bonus of P30000.

3.1 week of invested time & effort & money for them rather than applying to other company. Always on time 6am-3pm is our schedule then.

4.After training result didnt commit to their promise

5. They called me saying I'm short listed for their other account csr+sales support which is also P18000 basic and signing bonus P40000 much higher than what was offered to me the first time. But i didnt accept it.dont even have 2nd thoughts of declining it bec of what they've done to me.

6.After 2 months of waiting here comes the pay but not the amount that was agreed upon.

7.Agreed to have it straighten out but nothing was ever heard from them again.




*XXX is the company a very big company but for just P3000 they can really ruin their name*











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2 Re: Breach of contract on Thu Jun 02, 2011 10:27 pm

attyLLL


moderator
your remedy is to file a complaint at nlrc or dole. they will argue that there is no employer-employee relationship.


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3 Re: Breach of contract on Mon Jun 06, 2011 5:14 pm

Rockford_03


Arresto Menor
Hi Good day to all im new in here.

I would just like to seek advice, i resign from my previos company due to medical reason diagnosed with accute bronchitis, prior to my resignation i got hospitalized, and absences due to sickness but all absences are covered with medical certificates. after getting out of the hospital, i was advised by my doctor to rest for a week, but after a week i incured ashtma wich i already had since i was a child, and triggered back might be due to the medicines i take.

I make sure my imidiate superior knows what is happening. And i told my superior that i cannot continue working and asked for immediate resignation, and he told me to just provide my resignation letter with my sign on it..

Then couple days after forwarding my resignation letter, i called our HR to check my status if im good with my resignation, then i was told to come to office and sign for the clearance. thinking everything is ok.

but then just today i called to check the availability of my last pay, then the lady informed me that it is negative because of breach of contract. i should have rendered 30 days. Im frustrated they could have told me of the process and educate me at least. now there saying that i should have include a medical certificate together with my letter. and they do not consider previous documents to support my resignation.

what should i do?.
please help.

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4 Re: Breach of contract on Mon Jun 06, 2011 7:29 pm

attyLLL


moderator
how will you prove that your supervisor approved your immediate resignation? if you can, then send a demand letter or file a money claim at nlrc.


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5 Re: Breach of contract on Sat Jun 11, 2011 12:42 am

vinaoun


Arresto Menor
The Employer can not withhold wages for not giving 30 days notice or any other reason. They must pay you, then sue you for damages (if there are any) suffered as a result of your not giving the 30 day notice.

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6 Re: Breach of contract on Mon Jun 13, 2011 7:11 pm

Rockford_03


Arresto Menor
My supervisor did not mention anything about him approvoing my immediate resignation he just told me to submit my letter to him and he will forward it to our Employee Relatations, he then told me to see if it will be approved or not. the only cleaance he mentioned is to surrender the VPN gadget for him to sign my clearance, and ive done that. thats the reason why i called ER a week later after i forwarded my resignation letter to check my status of my resignation is approved or not. I tried to make sure everything is okay. the reason why i called is to check my status, and the answer i get is " Come on monday 10am and sign your clearance. That's it...

I think i was mislead forcing me to break the policy in which im trying to avoid. I think they intend not to tell me due to my ignorance about this practices. I just want to clear my self from any breach or something, sue me for any damages whatever, i dont have a job im suffering asthma, my last pay could have been a big help for my medications, ive been looking forward for it. but then this is what i get......

Thanks for the response! GOD BLESS. . . .

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7 Re: Breach of contract on Mon Jun 13, 2011 8:18 pm

vinaoun


Arresto Menor
Rockford_03 wrote:My supervisor did not mention anything about him approvoing my immediate resignation he just told me to submit my letter to him and he will forward it to our Employee Relatations, he then told me to see if it will be approved or not. the only cleaance he mentioned is to surrender the VPN gadget for him to sign my clearance, and ive done that. thats the reason why i called ER a week later after i forwarded my resignation letter to check my status of my resignation is approved or not. I tried to make sure everything is okay. the reason why i called is to check my status, and the answer i get is " Come on monday 10am and sign your clearance. That's it...

I think i was mislead forcing me to break the policy in which im trying to avoid. I think they intend not to tell me due to my ignorance about this practices. I just want to clear my self from any breach or something, sue me for any damages whatever, i dont have a job im suffering asthma, my last pay could have been a big help for my medications, ive been looking forward for it. but then this is what i get......

Thanks for the response! GOD BLESS. . . .
If they don't pay you the balance owed, you simply file a claim with the labor board. The Employer will be notified to respond and will be told they can't withhold the balance owed to you. They must pay you then can sue you for damages, which I will bet they never do for such a small amount and they have to prove damages actually occurred. You can get your money following this process. It makes no difference that you did not give the 30 days notice and although labor code states the employer has the right to hold you liable for damages it does not give them to right to withhold any pay. BTW I am an employer and would sometimes love to withhold an amount for the times a thoughtless employee thinks it's OK to leave us stuck and tender an immediate resignation. But I can not as labor code disallows it.

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8 Re: Breach of contract Today at 7:56 am

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