Tax Refund & Employment Certificate

Hi Atty.

I would like to seek help since I am having a problem with my former employer.

I have a pending case under NLRC versus my former employer re: illegal termination. I already won the case however, they filed an appeal and now I am waiting for the final decision.

My concern is that when I was able to obtained a copy of my ITR(Income Tax Return)for year 2010, I noticed discrepancies on the amount reflected in the official form. In short, what they have deducted from me is bigger than the amount that was remitted to BIR thus, I am entitled to a tax refund. However, when I asked for the refund they did not answer me and they don’t want to entertain my messages and this includes my request of employment certificate as well.
Atty. what should I do in this case, please help.
Thanks

didn't you have a lawyer represent you? you should direct your questions to him

Hi AttyLLL.

Yes I have an atty representing me in my dole case but my new problem is not included in that. I found out about the tax refund last week while my case was filed October of 2010.

I just wanted to seek help on my tax refund before consulting an atty./him. Bcoz if I do consult, he will charge me of another fee, right now I do not have a work and I do not have that enough finances to support another case. I was thingking maybe I can do it on my own, like making a complaint in the barangay.

Atty. I hope you can provide me with information on how can I tackle this and what to do and where to go to file a complaint.

Thank you

I would say this is still a form of money claim which should fall under your illegal termination case. after you filed a case against them, i don't think they will be in a hurry to assist you.

My post no. 9000.

Hi atty,

I just want to seek help also regarding my previous employer.

I tendered my resignation letter last June 15, 2011 and indicated in my resignation letter that I'll still render 15days more. But our HR Manager sent me an email stating that my resignation is effective on June 17, 2011. All company property, car, manuals etc shall be surrender on June 16, 2011.

I did as they stated. My immediate superior has some requirements that I already completed last August 3, 2011. I always do follow up with our HR regarding the status of my clearance, they always say that my immediate superior still not sign my clearance. I made a follow up about my clearance status to my immediate superior and told me that she's still reviewing it.

I really need my clearance and COE for my new employer, but my immediate superior is doing the delay by not signing my clearance. By the way, the reason why I resigned was because of my immediate superior. She had a memo in our office because of us and I'm thinking that she is doing delaying tactics for my clearance.

Do i have legal rights on this matter?

Thanks very much..

unfortunately, there is no written legal right to a coe and clearance. what you can do is write emails with cc to hr and your upper management. you can hint you will file a case at nlrc