How do I oblige the company to give my last pay and benefits?

[Ka Pilo]

What is the usual practice of employers and companies in the US to release the last pay and benefits of an employee upon resignation?

The Labor Code in the Philippines does not provide for a specific period within which an employer should release the last pay and benefits of an employee.

However, I feel that the delay of the release of my last pay and benefits has already become unreasonable and detrimental. It’s been 3 months since I resigned and sent sent sevaral follow-ups, but only received three replies out of 10 follow-ups. They said in their last email that they will give me an update yesterday, but I have not received it yet. I have sent 3 more emails to confirm if the cheque is ready for pick-up, but I haven't gotten any response.

Please advice what to do to oblige the employer to give my last pay and benefits?

 

[True Position]

What is the usual practice of employers and companies in the US to release the last pay and benefits of an employee upon resignation?

The Labor Code in the Philippines does not provide for a specific period within which an employer should release the last pay and benefits of an employee.

However, I feel that the delay of the release of my last pay and benefits has already become unreasonable and detrimental. It’s been 3 months since I resigned and sent sent sevaral follow-ups, but only received three replies out of 10 follow-ups. They said in their last email that they will give me an update yesterday, but I have not received it yet. I have sent 3 more emails to confirm if the cheque is ready for pick-up, but I haven't gotten any response.

Please advice what to do to oblige the employer to give my last pay and benefits?

If you're willing to threaten, send a final email and mention the local department of labor or small claims court. I did a little Google searching and your court system has simplified the complaint process for amounts less then 100,000 Philippine Peso (~$2370 USD).

It's unfortunate that you may need to use the government to compel companies to not steal from you (insert joke here if you like) but many people give up and that's pure extra profit to the company.

 

[tomvehoski]

This will probably vary by state. I know that Michigan has an office that will go after an employer for you. I used it years ago when one employer didn't pay bonuses to me that were agreed to at the time of my hire. I ended up losing on a technicality, but at least it did not cost me thousands of dollars in lawer fees to reach the same conclusion.

In Michigan it is the Department of Licensing and Regulator Affairs. This article on their website gives some insight. http://www.michigan.gov/lara/0,4601,7-154-10573_11472-226539--,00.html