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Facebook and Backpay Issues

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1 Facebook and Backpay Issues on Wed Oct 26, 2011 8:40 pm

calm_me_down


Arresto Menor
Good day Sir/Mam. Hingi lang po advice regarding sa backpay kong ayaw irelease na six months na. I resigned April 15, 2011. Na settle ko na ung clearance ko nung May 3, 2011. One month after resigning, nag create me ng group sa Facebook named after the company "Ex-**** Employees" for recreational and social activities like parties and other things. Pero around that time I don't know how to configure the settings of the group. I started inviting friends who also left the company. The next day nakita ko sobrang dami agad ng tao sa group and most of them hindi ko kilala. I left the group and with it, the authority to change the settings of the group. Then after a few days nag aaway na ung mga Ex-employees at mga present employees ng company sa group page and one of the reason is about the name of the group which is "Ex-employees" and other grudges that they have with the company. Nagsimula na sila mag post ng mga flamed comments criticizing the company and management. I never posted anything offensive and everyone knows that. Even my ex-employer knows that, but my ex-employer is holding me responsible kasi ako daw gumawa ng group and that's they're only reason. The president of the company won't sign my clearance and backpay release dahil dun. The secretary mentioned when I called that I broke the confidentiality agreement and asked me to schedule an appointment with the president of the company. I had second thoughts regarding that kasi may history yung president ng demeaning treatment sa employees nya like shouting, throwing things, kicking chairs or anything, and cursing. If I'm in his territory, I worry about my safety and won't be able to defend myself. Another thing, he's a very, very, very stubborn man and kahit mali na sya ipipilit nyang tama sya kasi sya ang president ng company.

Anyway, a fellow ex-employee (who is one of the people who posted flamed comments that criticizes the company) complained to DOLE. The company's representative attended the second hearing and settled their issue regarding backpay in the fourth meeting and paid her. I also went over to DOLE to complain. DOLE did setup two appointments but they did show up and did not send any representative. An employee of DOLE whom I asked told me that wala silang magagawa kung ayaw pumunta ng respondent sa hearing. She gave me two options; Setup another appointment or file a case against the company sa NLRC which is in Quezon City. I chose to setup another appointment for now. I'm still seeking for further enlightenment regarding these matters. I'm now working in a much, much, much better company but that backpay though i think will cost only 10k-15k eh importante pa rin kasi pinaghirapan, pinagpuyatan, at pinagpaguran ko yun. Reasonable na ba yung grounds na un para hindi ibigay ung backpay ko at kung mag file me legal complaint may laban ba yung case ko or talo talaga ako sa confidentiality agreement? Kasi as I understand it, it only applies to job-related matters. I never said anything against or posted any flamed comments to them. I didn't even post anything regarding work. I only posted once on that group and commented on one post. The post was this "Makibaka! Wag mag baboy!" Is that offensive? The other comment was just a joke to my fellow ex-employee and not pertaining to anyone else. I'm just worried that if I file a legal case, the legal fees would cost me more than I would get if I win. I'm not even sure I'll win.

Payments I'm after:
- 13th month computation (Their cutoff for 13th month is October. So, from November to April is half a year already)
- Two cut off's which were not paid prior to my resignation - on hold for last pay.
- SSS Loan Balance that were not remitted on time that caused me to still have a balance of 2,049.50 which is dapat tapos na at bayad na kasi kinaltas na nila sa sahod ko and it reflected na sa payslip ko.
- Leave conversions since regular employer ako I have Sick Leaves to be converted to cash.

Can someone help me regarding these matters? Could anyone give me a heads up if I can win this in a legal proceeding? Also, if someone could point me to a Law Office who also gives free legal consultation along Las Pinas and Alabang?

Many thanks and more power to you guys.

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2 Re: Facebook and Backpay Issues on Wed Oct 26, 2011 10:46 pm

attyLLL


moderator
your recourse is to file a money claim at nlrc.

you can file a case of estafa for the non-payment of the sss


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3 Re: Facebook and Backpay Issues on Thu Oct 27, 2011 4:30 pm

calm_me_down


Arresto Menor
Thank you for your response. I'd like to know first if I would be spending a lot more than I can get from them? And what kind of case could I file? Thank you sir.

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4 Re: Facebook and Backpay Issues on Thu Oct 27, 2011 8:27 pm

attyLLL


moderator
it will be a money claim. you won't initially need a lawyer.


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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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