Quote Originally Posted by luigieg View Post
Atty jm I hope you can give advice to my wife.

My wife filed a 30 day notice of resignation with her former employer last June 1, 2016. During the 30 day period, she turned over her clients to her replacement, finished all her pending tasks and completed her clearance from the different departments. When July 1, 2016 came, she got her clearance and had an exit interview as well necessary to process her final pay. The normal processing of final pay with her former employer is 30 working days (as per company policy).

Anyway, more than 30 working days have passed and she found out from the HR department that her final pay is being held. According to them, her former boss is objecting to the release of her final pay for reasons she cant understand. She tried contacting them but to no avail.

Her final pay includes her June 30 salary (already worked for), unused VL and SL conversion and other items that I already forgot (sorry).

Can they do this arbitrarily? My wife feels that she is not being treated fairly because other people who resigned got their final pay easily.

Well my wife is already working for a different employer since July 4 and she is wondering what her options are. Money is important but what is more important for her is to make sure that they dont get away with this for they may do this again in the future to others.

Thanks for any advice you can give. Have a nice day
bro, tell your wife to write the HR a formal letter requesting for the release of her salary and other emoluments due to her, including, but not limited to, the monetary conversion of her unused sick and vacation leaves. tell your wife to indicate in her formal demand letter that she expects the release of the said amount within three (3) days from receipt of her letter by the HR, otherwise she will be constrained to file a labor case for illegal withholding of salary and other emoluments and damages with the Regional Arbitration Board (RAB)- National Labor Relations Commission (NLRC).

Note:

Just in case her former employer will not heed to your wife's demand, you need not go to a lawyer to file the labor case. all you need to do is to go to the RAB-NLRC nearest to your wife's workplace and file personally the case by filling up the complaint form to be made available to you by the RAB-NLRC officer of the day.

i hope i have sufficiently advised you on the matter.

very truly yours,

Juan Martinez