₦airaland Forum

brb

Justnora:
Well I stopped at you no longer remitting money back that is an offense even if you are not paid you have to leave the job than stealing. Now your actions is going to affect innocent lives this is Nigeria where you know once you have money you can win any court case even murder.

So my dear kindly refund the little you have apologize and quit tho its painful but it is going to save you a lot of stress

Best advice so far, op if you can dish out the money to them, it will solve alot of katakata.

They have evidence against you buh you also have,somehow,against them as well.
Inform your guarantors,as you wud not wanna put them into trouble. If possible inform authorities like labour and other arbirters.
The police are not trustworthy as they could turn against you,but you can try them.
Make your move quickly. These ppl are evil.

hmm

Bros, the reason for guarantors is in case you disappears. But right now you are still available and can be reached, no one will go after your guarantors, and the firm know that. the best you can do is to inform your guarantors of what happening, but do not sue the firm, let them first take action. Relax and ensure you have documented evidence of the amount you owe them and how many months salary they owe you. My best bet is that they will just threaten and let the issue die off

Please let us know the name of the firm/company so that other job seekers would not get employed there and begin to give testimony only to find themselves in your situation.

Mpanyi:
I believe you should pay them their money as you probably didn't sign anywhere you were to withhold contributions. Pay them and sue them for all they are worth. Make sure you have all the necessary evidence/exhibits. My own opinion even though I'm not a lawyer.

and they didn't sign anywhere they wl be owing him salary. I know they call a term"right of lien in law". We all can't be timid

Justnora:
Well I stopped at you no longer remitting money back that is an offense even if you are not paid you have to leave the job than stealing. Now your actions is going to affect innocent lives this is Nigeria where you know once you have money you can win any court case even murder.

So my dear kindly refund the little you have apologize and quit tho its painful but it is going to save you a lot of stress

Weakling..I think you are still under your parents

Seek advice from lawyer. They call a term "right of lien"
Be courageous. Discuss with Ur guarantors as they won't be happy wt u if they are arrested before u inform them.
Mad company's here and there.

Ayo25:
Please lawyers in the house I seek your advice and help over my tussle with my firm.
They have concluded plans at my firm to arrest my guarantors. The same firm that is owing me backlog of salaries would go after my guarantors because at some point when delay in payment of salaries became unbearable for me, I decided to stop remitting whatever I made from my production for them until I am paid by them.
By the companys standard it is wrong, but there was no way I could manage the situation and as a matter of fact you need money to make money for them which if your production was not up to scratch you will be queried. So because I could not secure another job I remained in the job. At the initial stage I would go out of way to make money for them and remit everything but at the end of the month, bang there would be a deafening silence. No salary. The situation became so bad that at some point I was owed five months.
So I decided enough is enough. So I began to withold the money I made from my productions for them until they pay me too. I decided on this course of action especially because I heared that what they did to people in time past is that after owing staffs for months, they will now pay lets say four out of nine months and brazenly tell you to forget the remaining five or go to court. I do not want to feel used by anybody or firm so I decided that at every point in time I must be with some of their money. So I wont be on the receiving end if they put up any funny behaviour.
So some weeks ago the firm eventually discovered what I have been up to. I was asked to submit all their equipments which I did.
So they demanded that I pay up all what I am owing them. When I did my calculation, they are owing me a little bit more than I am owing them. I asked to be paid my entitlements too. They insist I should pay them first. Someone in their ranks exposed their insecerity that I have been sacked and will not be paid anything if I obliged them and Pay up their money.
They started cajoling me to pay. I offered that they should deduct their their money from my salaries with them.
They rejected flatly and said they will be going to arrest my guarantors.
Lawyers in the house please advise me on how to go about this. I dont want them to go near my guarantors at all.

Don't be scared bro.
They will not go near your guarantors, be rest assured.
If they wanted to do anything , they would have arrested you in the first instance.
Do not fall for the cajole.
If you dish out any money to them then be prepared to be sacked without any benefits.
Be courageous.

They have no case against you. Never be scared.

Two wrongs does not make a right. You have a very bad case, it cannot hold in court. I suggest you negotiate with your employer, under record, to pay a part. They should also let go of a part too. I repeat, your conversation must be under record. You have to inform your guarantors about the issue. But I doubt if they will ever guarantee you again.

Justnora:
Well I stopped at you no longer remitting money back that is an offense even if you are not paid you have to leave the job than stealing. Now your actions is going to affect innocent lives this is Nigeria where you know once you have money you can win any court case even murder.

So my dear kindly refund the little you have apologize and quit tho its painful but it is going to save you a lot of stress

Stealing cus he with-holds their money?
What will u call the firm with-holding his salary knowing fully well he's got responsibility to cater for?
Well, am not surprised since when your oga at the top has said stealing is not corruption. Dont be one of the people that bully employees jus because u are an employer plus cus you are an employee, dnt assent to bully; either one that applys to you.

01Alpha:
hold on to the money, go to the police and make a report...

Baddest idea, am sure you are a Federal SARZ.
Na to turn matter against you ooo.
Dnt try the above idea oooo.

Celcius:
You've paid yourself already na.
Withholding company fund and still going to work?
Wouldn't it have been safer if you claimed burglary or craft something to defend how the fund got missing and feign the incapacity to pay, so the fund be deducted from your salary then?

This covers for you a reason for not remitting the said money to your employer.

Justnora:
Well I stopped at you no longer remitting money back that is an offense even if you are not paid you have to leave the job than stealing. Now your actions is going to affect innocent lives this is Nigeria where you know once you have money you can win any court case even murder.

So my dear kindly refund the little you have apologize and quit tho its painful but it is going to save you a lot of stress

Who told you,they can not do him anything its just a treath

Heartbender:
As a lawyer, I can only advice you on phone when I've been sufficiently briefed.

Sufficiently briefed on phone.. you dont mean it

Ayo25

It is in your best interest to brief a Labour Lawyer.

The following is a not a legal advice, it is a mere opinion.


I believe your firm cannot arrest your guarantors. They have committed no crime. A lawyer will be in a better position to tell them that NOT you. Get a lawyer to write to your company. However, they could arrest you for stealing which is a crime. So if I were you, I will actually speak to a lawyer in his office and inform my guarantors of my predicament, relinquish the company assets I have with me and come to whatever arrangement which may be best for me.

I don't think withholding your salary is a crime in Nigeria. I understand it was unfair of them not to pay you as agreed and your decision not to remit their money seemed like the best option at the time. However, you did not handle the situation well according to what I have just read. You have also managed to burn your bridges, it would be hard to use them for future job search. You should have resigned rather than held on their money.

I will not advise you to sue either. They may retaliate by reporting you for theft, I dont think you want a criminal charge. Besides, litigation can take forever and unless you earn a lot, it is advisable you just let it go.


Like I said, speak to a Lawyer. Don't make your situation worse by continuing to take matters into your own hands.

Justnora:
Well I stopped at you no longer remitting money back that is an offense even if you are not paid you have to leave the job than stealing. Now your actions is going to affect innocent lives this is Nigeria where you know once you have money you can win any court case even murder.

So my dear kindly refund the little you have apologize and quit tho its painful but it is going to save you a lot of stress

It's painful that some Nigerians still shy away from their rights due to intimidation

Justnora:
Well I stopped at you no longer remitting money back that is an offense even if you are not paid you have to leave the job than stealing. Now your actions is going to affect innocent lives this is Nigeria where you know once you have money you can win any court case even murder.

So my dear kindly refund the little you have apologize and quit tho its painful but it is going to save you a lot of stress

Stop all these rubbish . He should return and apologize ! And y never mentioned the unjustice done to him ? My friend gerarahiaaa

Weakling

Ayo25:
Please lawyers in the house I seek your advice and help over my tussle with my firm.
They have concluded plans at my firm to arrest my guarantors. The same firm that is owing me backlog of salaries would go after my guarantors because at some point when delay in payment of salaries became unbearable for me, I decided to stop remitting whatever I made from my production for them until I am paid by them.
By the companys standard it is wrong, but there was no way I could manage the situation and as a matter of fact you need money to make money for them which if your production was not up to scratch you will be queried. So because I could not secure another job I remained in the job. At the initial stage I would go out of way to make money for them and remit everything but at the end of the month, bang there would be a deafening silence. No salary. The situation became so bad that at some point I was owed five months.
So I decided enough is enough. So I began to withold the money I made from my productions for them until they pay me too. I decided on this course of action especially because I heared that what they did to people in time past is that after owing staffs for months, they will now pay lets say four out of nine months and brazenly tell you to forget the remaining five or go to court. I do not want to feel used by anybody or firm so I decided that at every point in time I must be with some of their money. So I wont be on the receiving end if they put up any funny behaviour.
So some weeks ago the firm eventually discovered what I have been up to. I was asked to submit all their equipments which I did.
So they demanded that I pay up all what I am owing them. When I did my calculation, they are owing me a little bit more than I am owing them. I asked to be paid my entitlements too. They insist I should pay them first. Someone in their ranks exposed their insecerity that I have been sacked and will not be paid anything if I obliged them and Pay up their money.
They started cajoling me to pay. I offered that they should deduct their their money from my salaries with them.
They rejected flatly and said they will be going to arrest my guarantors.
Lawyers in the house please advise me on how to go about this. I dont want them to go near my guarantors at all.

Don't give them a penny, if they refuse to deduct if from what they are owing you let them go to court both of you will meet their.
If you don't have money to get a lawyer, government will give you a lawyer at no cost.
Meanwhile, inform your guarantor about the whole issue from day one to present, let him be aware of the whole issues.
Don't get intimidated, even the judge is not a fool because you acted out of frustration because of the unpaid salaries and you have mouth to feed.
Worst case is for them to disengage you, life goes on, at least you didn't loose because you were smarter than they are.

Sterope:
Ayo25

It is in your best interest to brief a Labour Lawyer.

The following is a not a legal advice, it is a mere opinion.


I believe your firm cannot arrest your guarantors. They have committed no crime. A lawyer will be in a better position to tell them that NOT you. Get a laeyer to write to your company. However, they could arrest you for stealing which is a crime. So if I were you, I will actually speak to a lawyer in his office and inform my guarantors of my predicament, relinquish whatever company properties I have with me and run.

[s]I don't think withholding salary is a crime in Nigeria[/s]. You did not handle the situation well according to your write up. You should have resigned rather than held on their money.

I will not advise you to sue either. They may retaliate by reporting you for theft, I dont think you want a criminal charge. Besides, litigation can take forever and unless you earn a lot, it is advisable you just let it go.


Like I said, speak to a Lawyer. Don't make your situation worse by continuing to take matters into your own hand.

You made marginal sense. Not every crime is listed under the constitution. What about moral rights? His expenses which clearly needs to cater for but is being deprived? I swear nothing will happen to the OP. As long as all the money obtained is documented and well detailed, the company should strike a deal with him. If u owe me 2 months salary, I will lift items from the office directly. Let them accuse me of theft. What happened to employee rights in this country self? how would u say it's not a crime. If they want who will work without pay, let them employ their family members.

Justnora:
Well I stopped at you no longer remitting money back that is an offense even if you are not paid you have to leave the job than stealing. Now your actions is going to affect innocent lives this is Nigeria where you know once you have money you can win any court case even murder.

So my dear kindly refund the little you have apologize and quit tho its painful but it is going to save you a lot of stress

Best advice... so far..... kids on this platform just ranting up and down..... withholding company funds is called stealing..... A similar stuff happened to me, a staff of mine was being owed like 3 months ( not only him, all my staff and I work for government, forgetting the fact that government were also owing the company close to 8 months....) they are supposed to remit government monies in to government account, he now thought it wise to run with government money claiming that his company was owing him, by the time we were finished with him, he ended up paying almost double...... His mother kept begging, Now he's out of a job and all others have been paid fully... Who lost in the long run

You see, the labour union only knows how to weaponise politics for economic gains.
If we had a sound labour union in Nigeria, this sort of company would have been shut down.

My advice:
You have taken the best approach to deal with an irresponsible company. Next step is to approach a court to grant you an order restraining the company from harassing you or your guarantor with security agencies (Police, DSS, EFCC or their likes) until a competent court or appointed mediator determines who owes who.

To get a restraining order is not difficult, get a lawyer to apply for it with all the information on the foregoing. Get it and serve the company, get another one that will invite them to a court to explain their position.
DON’T BE COWED

@op
The title is giving me eye problem

A crime that is not written down in any Act of the Legislative arm of government cannot be a crime.
My knowledge so far is that withholding salary or failure to pay salary is not a crime, until you can show otherwise. The company has committed no crime. I will be glad if you do, my knowlwdge is fairly limited.

Unfortunately, his situation is unfair and morally unjust but it is what it is. You will not be there for him when they handcuff him. You will not offer to stand for him in jail while he is awaiting his arraignment and bail hearing. He does not have the financial capability of his company. This is Nigeria. His company can hurt him more than he can hurt them and there won't be a single consequence.

owomida1:
You made marginal sense. Not every crime is listed under the constitution. What about moral rights? His expenses which clearly needs to cater for but is being deprived? I swear nothing will happen to the OP. As long as all the money obtained is documented and well detailed, the company should strike a deal with him. If u owe me 2 months salary, I will lift items from the office directly. Let them accuse me of theft. What happened to employee rights in this country self? how would u say it's not a crime. If they want who will work without pay, let them employ their family members.

....mmmm, I am seeing another thing here. I think you are now self employed. You had the company's equipment, you produce something for them, still market it, and make returns. After every dust have settled, go look for such equipment, get yours, register your own business and start your own production. Please don't lose that market you have created, don't lose it, I take God beg you.

I guess u r working with Microfinance. Naa there tradition b that

Sterope:
A crime that is not written down in any Act of the Legislative arm of government cannot be a crime.
My knowledge so far is that withholding salary or failure to pay salary is not a crime, until you can show otherwise. The company has committed no crime. I will be glad if you do, my knowlwdge is fairly limited.

Unfortunately, his situation is unfair and morally unjust but it is what it is. You will not be there for him when they handcuff him. You will not offer to stand for him in jail while he is awaiting his arraignment and bail hearing. He does not have the financial capability of his company. This is Nigeria. His company can hurt him more than he can hurt them and there won't be a single consequence.

he can hurt the company terribly bad if you expose everything on social media!!!

Well, as a lawyer, you made a serious mistake. There is a fierce legal implications of what you did and you may be jailed despite they are owing you salaries. What you did is called fraud and there is no excuse for fraud.

The best thing you would have done was to contact a lawyer to write a letter to your firm giving them a time frame to pay up your salaries. If they refused, them your lawyer will take legal action.

What you did, you may loose both your salaries and the company may even frame you up that you diverted millions of naira to your personal use which may end you in jail.

My advice: Remit all the money with you, then tell them to pay up your salaries. If they refused, get a lawyer to write to them and if they still refused, go to court while still working for them. Don't resign, if they sack you while the case is in court, it will be to your advantage.

Ayo25:
Please lawyers in the house I seek your advice and help over my tussle with my firm.
They have concluded plans at my firm to arrest my guarantors. The same firm that is owing me backlog of salaries would go after my guarantors because at some point when delay in payment of salaries became unbearable for me, I decided to stop remitting whatever I made from my production for them until I am paid by them.
By the companys standard it is wrong, but there was no way I could manage the situation and as a matter of fact you need money to make money for them which if your production was not up to scratch you will be queried. So because I could not secure another job I remained in the job. At the initial stage I would go out of way to make money for them and remit everything but at the end of the month, bang there would be a deafening silence. No salary. The situation became so bad that at some point I was owed five months.
So I decided enough is enough. So I began to withold the money I made from my productions for them until they pay me too. I decided on this course of action especially because I heared that what they did to people in time past is that after owing staffs for months, they will now pay lets say four out of nine months and brazenly tell you to forget the remaining five or go to court. I do not want to feel used by anybody or firm so I decided that at every point in time I must be with some of their money. So I wont be on the receiving end if they put up any funny behaviour.
So some weeks ago the firm eventually discovered what I have been up to. I was asked to submit all their equipments which I did.
So they demanded that I pay up all what I am owing them. When I did my calculation, they are owing me a little bit more than I am owing them. I asked to be paid my entitlements too. They insist I should pay them first. Someone in their ranks exposed their insecerity that I have been sacked and will not be paid anything if I obliged them and Pay up their money.
They started cajoling me to pay. I offered that they should deduct their their money from my salaries with them.
They rejected flatly and said they will be going to arrest my guarantors.
Lawyers in the house please advise me on how to go about this. I dont want them to go near my guarantors at all.

write them a strong worded letter and copy Nigerian police,Nlc etc they just making mouth

You have a case but ONLY when you have a lawyer. You cannot fight this bullying company on your own