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Filed illegal dismissal case with reinstatement, does not want to return to the company after..

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zeroeyt


Arresto Menor
I filed an illegal dismissal case last September at NLRC after my company forced me to resign in two days time without notice or memo, saying that I am only a probationary employee, and that it is better for me to resign 'cause if not, they will terminate me.

In the form, I indicated that i wanted to be reinstated. Problem is after reading their position paper, they are saying that i was AWOL and that i wasn't doing my job well, and says many things about me, that of course is not true. Unfortunately, also in the position paper, they've ordered me to report back to work.

Why would i still want to go back there? They said so many things to me and I don't think that the relationship between me and the company will ever be good again.

Is it possible to remove the reinstatement from my prayer? How would it affect the case?

BTW, i submitted a resignation letter to the company, but failed to have it received, because the HR told me that they don't sign on received copies of resignation papers. The only proof i have is an online conversation between me and the manager. Would that be enough?

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attyLLL


moderator
did you also file a position paper? don't be too presumptive that you will win and be reinstated. just bide your time; if you win, then make the decision then. meanwhile maintain your prayer.


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zeroeyt


Arresto Menor
Hi. thanks for the reply.

Anyways, i'm not being presumptive, upon submitting our position papers, the company's lawyer made a manifestation that the company wants me to report back to their office the day after that hearing. In other words, since I asked for reinstatement, the company is now reinstating me.

Would it affect the case if I don't report back?

I am managing our family's business now, and no longer wants to go back there.

Thank you.

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attyLLL


moderator
if you go back to work, they may be deemed an abandonment of your claim. since you don't really want to go back, just leave it be and state that they are contradicting themselves just to get off the hook


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