Question: Is it possible to file a case against my employer if he gave me a bouncing check twice?
Answer:
Yes, you can file a case against your employer for issuing a bouncing check, also known as a dishonored check, in the Philippines. The issuance of a bouncing check can be a violation of Batas Pambansa Blg. 22 (BP 22), also known as the "Bouncing Checks Law."
Legal Grounds Under BP 22
Under BP 22, it is unlawful to make or issue a check that is dishonored by the drawee bank for insufficiency of funds or for having been closed. The law requires that the person who issued the check must have knowledge of these circ*mstances. A penalty of imprisonment and/or a fine can be imposed on violators.
Additional Charges
You may also be able to file other relevant charges against your employer, depending on the circ*mstances. For example, if the check was for your salary or benefits, your employer could potentially be in violation of the Labor Code of the Philippines for non-payment of wages.
How to Proceed
Send a Formal Demand Letter: The first step is usually to send a formal demand letter to your employer, indicating the bounced check's details and asking for immediate settlement. Keep copies of all correspondence.
Gather Evidence: Collect all evidence that could establish your employer’s knowledge of the check's insufficiency, like bank notifications and any communication between you and your employer regarding the issue.
File a Complaint: If the issue is not resolved, you can proceed with filing a complaint with the city or provincial prosecutor's office. You will need to submit your evidence, including the dishonored check itself and any notifications from the bank.
Legal Proceedings: If the prosecutor finds merit in your complaint, an Information will be filed in court, and the legal process will proceed from there.
Conclusion
Yes, you can file a case against your employer for issuing a bouncing check twice. Depending on the details of your situation, you may also have additional legal options available to you. Consult with a legal professional to ensure that you take the correct steps in pursuing your case.
