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leave without pay and then get a new job to try it

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Arresto Menor
I need advise on this:

You take a LEAVE-WITHOUT-PAY from Employer A. It was approved but you told them you are taking that leave for personal reason that is important to you.

During your leave you take on another work from Employer B to see if you will like it there or not. Employer B is of another industry compared to Employer A.

Employer A finds out that you are working with Employer B while on leave without pay and they plan to seek legal action against you.

Question: Can Employer A have a basis to take legal action in this situation?

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Arresto Menor
yes, the employee has not yet terminated his relationship with employer A...and in my opinion he has committed fraud against employer A

Labor Code states: "Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:
a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
b. Gross and habitual neglect by the employee of his duties;
c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
d. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
e. Other causes analogous to the foregoing."

additionally, if a contract of employment exists then the employee may be sued based on the contract.

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Arresto Menor
Atty. Lee,

Thank you for your opinion. Just want to clarify further. The fact that the employee had filed his leave and got approved and the fact that he is not being paid while on leave, does the employee have the right how he spends his time including TRYING OUT a new job. The employee is alrrady a regular staff and no condition was set in his contract or assignment paper prohibiting him to engage in another employment. He is concurrently have a part time work during weekends and Employee A is aware of it.

Why is his being employed by Employee B constitute misconduct or willfull disobedience if the employee have gone throght the process of filing leave.

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