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Fraudulent act by Agency manager

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1 Fraudulent act by Agency manager on Fri Sep 30, 2011 5:42 am

homebased


Arresto Menor
I am a homebased virtual assistant, working for a company based in the US. I am under an agency here in the Philippines owned by a Filipino. As all other agencies, I got my job thru them and I get paid by the agency too. Thru verbal agreement, the agency takes 30% of my base rate. I have a record (Paypal transaction) of my weekly pay to show that I am paid 70%.

I got hired by my employer Dec, 2010 with a base rate of $4.5 per hour, I get paid $3.15 per hour which is 70% of the base rate. This went on until April 13, 2011 when I got a raise of $0.75 per hour, making the base rate $5.25. The agency owner sent me an email that he won't be taking 30% from my new rate anymore. So, I was getting paid $3.90 per hour from April 13 to July 6, 2011. And then I got another raise from my employer on July 6 making the base rate $7.25 per hour. I received an email from the agency owner that I will get $5.25 per hour which went on until September. On Sep. 16, I sent a notice via email that I wil be leaving the agency. the agency owner acknowledged that he got my email and that he can't stop me from leaving. The agency gave me my last pay on Sep. 28 and this is where I need help with. I was expecting to get paid $205.64, however, he took $170.17. In his email, he said that from Jan 12, the agency was only taking 28%, so he comuted for 2% from January 12 to September 17 and deducted it from my last pay without prior notice and without telling me that he'll be charging me the 2% which shouldn't be because he's been getting the full 30% from January to April. I sent him an email with a file attachment showing him how much I am actually paid and a copy of his emails about my raise. I demanded payment within 24-hours but he replied saying he's just taking what's for the agency, no more, no less.
He has other contractors under his agency and he can do the same to them whenever he pleases and he thinks that he can get away with it. I surely hope NOT!

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2 Re: Fraudulent act by Agency manager on Sat Oct 01, 2011 12:18 pm

attyLLL


moderator
do you have a question?


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3 Re: Fraudulent act by Agency manager on Sat Oct 01, 2011 8:51 pm

homebased


Arresto Menor
My question is, What steps shall I take to have the agency manager give me the full amount of my last pay? The last time I sent him an email was on Sep 28, telling him that his computation was wrong and that I demand payment within 24 hours. I didn't get any more response from the agency manager.

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4 Re: Fraudulent act by Agency manager on Mon Oct 03, 2011 12:19 am

attyLLL


moderator
if both of you live in the same city or municipality, file a complaint at his bgy, then a small claims case. rules on sc.judiciary.gov.ph


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: Fraudulent act by Agency manager on Thu Oct 13, 2011 12:07 am

homebased


Arresto Menor
attyLLL wrote:if both of you live in the same city or municipality, file a complaint at his bgy, then a small claims case. rules on sc.judiciary.gov.ph

Hi attyLLL,

Thank you for your reply. May I know what happens after I file a complaint at his bgy? Will they arrange a meeting between me and the agency owner?



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