Need some advice.
Last week I was at the NLRC suing my previous company (a callcenter) for constructive dismissal, withholding of backpay, incentives, etc. as well as negligence and harrassment/bullying.
The company sent a counsel, from an independent law firm.
During the (1st) hearing, the arbiter requested that I take off constructive dismissal since I submitted a resignation letter.
I denied, stating that it was because of harrassment/bullying from my manager and that I was bypassed my promotion without basis that led me to my involuntary resignation. Also, the company withholds issuing COE's for employees who do not submit a 30-day resignation letter.
I had proof of all of these allegations.
Today was the 2nd hearing. Apparently, no one from the respondent's side showed up.
The arbiter said na mag-usap na lang kami ng co.
The arbiter then scheduled a 3rd hearing and said that if wala pa rin I can submit a position paper. Thing is kailangan ko na raw ng lawyer once na dumating na sa position paper?
1. Lamang ba ako sa hindi pag sipot ng respondent sa hearing?
2. Can I request for the immediate release of my backpay, coe, itr and other mandatory things while suing for damages? (with regards to constructive dismissal, negligence, harrassment/bullying)
2. What is a position paper? Is this the formal complaint na ginagawa ng mga lawyers?
3. In case na umabot sa position paper, can I demand from the respondent for reimbursement of all legal fees incurred?
--If yes, can anyone refer me a to a lawyer that can contract for just a portion of the compensation on settlement? I cannot afford to pay acceptance/other fees at this stage kasi.
Thank you in advance.