Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Declined Reinstatement

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Declined Reinstatement on Mon Jun 11, 2012 1:12 pm

ir0nf1st


Arresto Menor
Hi Atty,

I filed a constructive dismissal case and we are scheduled to submit position papers. I was off-detailed by my employer nearly 3 months ago. I asked for reinstatement and backwages, they offered reinstatement but did not agree to give me backwages.

Is it ok to sign the new contract without affecting the case? I am worried that if I sign the new contract, the case will be dismiss. I really need a job now but I don't want the case be dismissed.

View user profile

2 Re: Declined Reinstatement on Mon Jun 11, 2012 7:16 pm

attyLLL


moderator
if i were the respondent's lawyer, i will argue that I am allowed to put you in floating status for a max of 6 months and that if you accept a position within that period, you should be deemed to be resigned.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: Declined Reinstatement on Mon Jun 11, 2012 7:27 pm

ir0nf1st


Arresto Menor
What I mean is that the contract is offered by the same company, a reinstatement but without backwages. If I agree to the new contract, do this mean that the case is dismiss? Can I accept it but still go ahead with the case just for the backwages?

View user profile

4 Re: Declined Reinstatement on Sat Jun 16, 2012 7:57 pm

attyLLL


moderator
i would think the company would be unwise to settle and allow you to maintain your case, but if they do, then your complaint becomes a mere money claim.

i recommend you just go back to work and go on


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: Declined Reinstatement Today at 8:33 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum