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termination of contract as consultant

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1 termination of contract as consultant on Fri Jul 13, 2012 10:31 am

Atty,
Just want to ask if I'm am entitled to separation/backwages pay. I am hired as consultant for a yr. My employer is terminating my contract after 2 months for violation daw of company policies such as intimidation, insubordination which I deny by responding to their show cause memo. Pls. advise.

Thanks
Elisa

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2 Re: termination of contract as consultant on Fri Jul 13, 2012 10:26 pm

attyLLL


moderator
first, as a consultant, you may not actually be an employee. it will depend on the circumstances if you are.

and an employee who is terminated for just cause is not entitled to separation pay


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3 Re: termination of contract as consultant on Mon Jul 16, 2012 10:57 am

guess mali ung term ko. I would like to requote my question. Can I sue the company for terminating my contract as a consultant? I guess I have clearly justified the show cause memo they gave me and have proven my self not guilty of violating anything?

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4 Re: termination of contract as consultant on Tue Jul 17, 2012 5:36 pm

attyLLL


moderator
it depends on your contract and the circumstances whether you are an employee or an consultant. if you are an employee, then you can file a complaint at nlrc.


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5 termination of contract as consultant on Wed Jul 18, 2012 9:10 pm

I am not an employee but a consultant. But the problem is, they are terminating my contract because they claim i have violated some company policies which I refute. I have responded to their show cause memo and I guess i have justified myself that I did not violate any company policy. I want to sue them for terminating me without just cause

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6 Re: termination of contract as consultant on Thu Jul 19, 2012 12:35 am

ibonidarna


Reclusion Perpetua
If you are not an employee they are not terminating you. They are terminating the contract. Check your consultancy agreement if they have valid grounds, if none, sue them for breach of contract.

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