Backpay Issue

Hi! I'm new to this forum, and I'm hoping on some ideas on what we can possibly do regarding my backpay.

Just some background, my wife and I were previously working on the same company. A call center, to be precise. Last March she resigned and I followed suit about 2 weeks later (I resigned by April). We finished our clearance forms on time and was told that we just need to wait 30 working days to have it processed, and they told me they will just be either texting me or sending me an email.

Now, we are on the last few days of June by the time of writing and  we still haven't gotten anything.

In between March and up to present I have paid a number of visits to our HR office and they told me that they still haven't received an email from them. It wasn't my hill to die on during the first 3 or so visits I have made until some point when I noticed it's taking a ridiculous amount of time to process 2 checks.

And then I went to our site HR last June 13 to request an update regarding our final pay. It was one of many visits I've made to them in a two-month timeframe, where I was told that payroll is busy or that they do not have any emails received from the payroll team, and that the team that handles all backpays have been designated to another site or that it's not within their scope now since they have repeatedly insisted that our papers were submitted to the other site. During this particular visit, probably due to my constant pestering of them, the HR Coordinator searched for a copy of our exit clearance forms only to find out that our forms were not submitted to the other at all, ever since we submitted our exit clearance forms 2 months prior. They don't even have a saved copy of our original clearance forms, and the HR Coordinator covered it up by creating another set of forms which he printed and signed by himself on our behalf and sealed in a manila envelope for submission to the other site. It was a simple case of negligence on their part which is now stifling us (my wife's gonna give birth and we need some cash to fall back on) and one which they have blatantly hide in front of my eyes.

Is there any way I can have this straightened in a legal point of view? Do I just let it slip? Or do I have to file a suit? Really confused with this

Thanks very much!

1. Do you have the copy/ies of the submitted clearance (with the date legible) and had it personally received/signed by them? Or,
2. Did you make a letter and had it received/signed that you are following it up?
Simple but effective ammunition.
These are the usual loopholes that corporate uses to (first) dissuade you, then be used by the "legal" department assuming they have one. I mean if you really wanna fuck them up for treating you like that, you gotta be armed to the teeth man.

shout out to the HR guys.. could you help this guy out pls?

I can search for one of the slips that were returned when I submitted our forms. The forms themselves were taken by our site HR and never returned to me, they only provided the cut-out slip at the bottom part of the form that has my acknowledgment, and the date. But I have a couple of emails sent to the HR and they are still on my email.

Your situation is unfortunate but unless you can prove that there is malice and deliberate intent to cause the delay, you have no cause of action in the courts of law.

What you could do is to report the matter to the HR Head and the negligent person be, at least, reprimanded or warned.

HrDude wrote:Your situation is unfortunate but unless you can prove that there is malice and deliberate intent to cause the delay, you have no cause of action in the courts of law.

What you could do is to report the matter to the HR Head and the negligent person be, at least, reprimanded  or warned.

I see. That makes a good point, thanks. That's where I am lacking: a proof that they deliberately withheld the submissions. Guess, I'll have to deal with it.

The HR Head WAS in the office when I asked them about my backpay's status. As a matter of fact, the moment the coordinator realized they screwed up, he panickingly asked the HR Head about what to do, as if a garage mechanic in a surgery room would. The HR Head nonchalantly said (without taking her eyes off her screen): "Gawa ka na lang ng bago," which of course the coordinator did.