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I resigned as a Software Engineer from my previous employer and my last day in the office was July 22, and supposedly I should be receiving my certificate of employment and last payment after 3-4 weeks as agreed from HR. Before my last day I made sure everything I must do on my end is completed, and as a company policy, the laptop issued to me must be left to my superior since he will be the one to return it to the IT.

After a week, I tried to follow up the HR through phone call if my laptop was already returned and if I'm just waiting for my papers to be released. Unfortunately, I was informed that my laptop was not yet returned and HR mentioned they will try to follow up my superior regarding on it. It took a month before my laptop was finally returned to the IT with my help of doing everyday followups to HR and even sent emails to my superior and manager's company email (but didn't get any response) and I had to visit the company office twice. I think, without my followup it will not do any progress at all, but finally I was informed that they are already processing my papers and needed to wait for another 3-4 weeks.

Just two weeks after my last call, I heard news from my colleagues from my previous company that there was an internal issue that affected the whole office and their regular operation. Week after I contacted again the HR for followup and was informed that they cannot give me updates yet because of the internal issue, confirming the news I heard from my colleagues and was promised instead to be given updates the following week.

I contacted the HR again the the following week, and they ask for some information again saying that their computer was reformatted, and those information I already provided during my last followups. After I gave it, I was informed that my papers was still being processed and forwarded to the main office, which sounds to me like that my request was not processed at all since the last time I was informed that they're already processing it. Now it looks like, I need to wait for another 3-4 weeks which is frustrating on my end, and was promised again at the end of October. I already ran out of patience so I emailed the Chief HR regarding my complaint and if they can possibly prioritize my last pay for processing, but got no response.

Now, I went today into the office again to get an update, I was informed that the payroll person who was supposedly going to process my last pay resigned and my last pay was not processed. Now I need to wait again and promised again to November 13.

TL DR;

  • My last day in the office was July 22, and the relieving process will take 3-4 weeks before I can get my last pay and COE.
  • My laptop was not returned immediately by my superior which cost me a month of additional waiting, and advised to wait for another 3-4 weeks. I contacted my previous superiors but did not get response.
  • There was internal issue in the office that delayed my clearance for another week, but was promised to wait for 2 weeks.
  • After 2 weeks I made a followup but instead was informed that it was still being processed and was forwarded to main office which means my clearance was just processed and was not processed at all during the last follow ups.
  • I emailed the Chief HR about my experience but got no response.
  • Was promised again at the end of October.
  • I made a followup today but then, there was another issue that my last pay was not processed because the person assigned resigned.

I wasted time and money(long distance calls, gasoline visiting the office) just doing followups to get things done and what upsets me are the expectations set by the HR but never met.

What should I do to alert the head of the corporate regarding the inconvenience they're doing and the lapses of the HR so they can get the attention of the people involved and could possibly hasten the process of my last pay? I'm thinking to get their attention through social media/glassdoor/google reviews/linkedin but what will be the cost? What alternatives can I do instead?

Points:

  • I was working in a branch office with more than a thousand employees, we have our own HR in this office as well as in HR in the main office. It's a big corporate company with branches in some countries around the world
  • CEO has a different nationality (I'm an Asian)
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    I don't know what country you're in and what the law allows, but if it were me I'd hire an attorney to get this sorted out for you and to compel the company to give you whatever it is they owe you.
    – joeqwerty
    Oct 31, 2019 at 5:03
  • You beat me to it. Yes, a layer's letter will get their attention and resolve the issue quickly. If you can't afford a lawyer, some countries have a free "small claims court", but you would have to do the paperwork yourself. Oct 31, 2019 at 7:22
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    TLDR is supposed to be a sentence or two "Too Long Didn't read" summary. Not 7 bullet points, followed by 2 paragraphs, and another 2 points.
    – Kevin
    Oct 31, 2019 at 13:16

2 Answers 2

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The internal situation of the company seems complicated. However, it is not your business to handle their problems. They had to deal with your issue quickly.

Your best course of action is:

  • give them an ultimatum to pay you until a date you choose;
  • inform them that you will seek legal support;
  • hopefully, you have records (e-mails) of all (most) communication involved;
  • in parallel, discuss with a lawyer and get advice.

Since it is a big company, you fighting alone with them might end up being too stressful and ultimately unsuccessful for you.

(Almost) 6 months of delayed payment in unacceptable in any country of the world I assume (whether if it actually happens or not).

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Answer depends a lot of the country and what your goal here is.

In most countries, the next step would be to get a lawyer to draft a letter stating the history, the relevant laws, the specific demands, the deadline and the consequences if missed. Sent this on official lawyer stationary by registered mail to the national head office. To keep the cost down and you can probably write most of the letter yourself and have the lawyer review it. It's more important to be an "official legal document" rather than what exactly is in it.

The goal here is not to engage in a legal fight, but to create enough urgency and potential downside for the employer to trigger some action. Official letters from lawyers are much less likely to be ignored than letters from former employees, even if they say exactly the same thing.

This may damage relations with your ex-employer, but these are in shambles already. Their behavior is very unprofessional which is probably caused by a mix of incompetence and lack of ethics. Would you really want to back there ?

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