I fired a member of my sales staff recently after finding out that he had been falsely signing sales agreements on behalf of different companies and individuals over a period of 3 months. During this period I have paid him a salary, expenses, CPF and given him a company vehicle. So far he has cost my company a total of about 15,000 Singapore dollars and brought in 20. I am investigating the extent of the fraud and withholding his last week of salary until I have concluded how many non existent deals have been signed and deciding whether to proceed with a criminal case against him.
He has told me by law I have to pay him any outstanding monies within 3 days of his termination letter irrelevant of the fraud which he of course denies. I have already gathered a lot of evidence which proves his guilt without any doubt and have a watertight case against him. By law do I have to pay him in three days as he is telling me?
2006-10-23 04:54:46 · 4 answers · asked by Steve W 1 in Business & Finance ➔ Careers & Employment
Check with his union
2006-10-23 04:56:54 · answer #1 · answered by IC 4 · 0⤊ 0⤋
Common law gives you the right of "Set Off" enabling you to withhold monies payable to cover monies receivable.
Write him a letter demanding payment of monies obtained fraudulently, giving him 3 days to pay. End the letter with "in the event you fail to comply with this demand, we will take whatever action we deem necessary to recover these funds." but don't be specific.
Then set off the amount of his pay with the amount claimed. Send him another letter telling him of this action and re-demand payment of the balance.
In short, yes you have the right.
Sounds like he is a good albeit dishonest salesman if he has you worried about paying him even though he stole money.
Stick to your guns.....the courts will back you.
2006-10-23 12:05:51 · answer #2 · answered by Jack 6 · 0⤊ 0⤋
in Singapore the laws seem to protect employers more than employees. ( unlike in the UK)
Laws there are also very strict and you should take legal action against him as soon as possible. You should definitely take legal advice!
2006-10-23 12:13:27 · answer #3 · answered by bw_r005t3r 2 · 0⤊ 0⤋
i think so...but he will have to pay it back if you take him to court and prove him guilty im sure he will have to cough up the money...good luck;)
2006-10-23 11:57:59 · answer #4 · answered by chris c 3 · 0⤊ 0⤋