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Constructive/Illegal dismissal case(filing of position papers)

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tquilahspice


Arresto Menor
Hello!

I filed a case last May 2012 at NLRC and it was a constructive dismissal case. I've been with the call center company for three(3)years and it so happened that I lost my voice for a month last January 2012. I was given fit to work from my doctor though it was not fully 100%. Meaning I can take in calls but only half of the shift then I can do admin works if there's any. The company didn't allow me to work even if I have a certificate from the doctor.

To make the story short, I have been on Leave of Absence since January 2012 and even if I have updated the medical certificate(100% fit to work) they do not want to reinstate me. Even if I have the means of going back to the company, I decided not to since there's already a strained relationship between us due to the labor case I filed against them.

Now, I'm fighting for my rights to be awarded of what is just to this case. Company doesn't want to give me the back wages and damages. Only separation pay(1month salary for every year of service). Upon looking on their computation, it seems like there is a huge deduction from my separation pay since they're claiming that I'm still getting paid even if I'm on LOA and even if I already presented my payroll account.

They're also claiming that I'm terminated due to disease without certification from public health and without notices of termination.

-Am I entitled to back wages, damages and separation pay?
-Do you think I can win this case?
-How long does it take before we get the decision from the arbiter after filing of position papers?

I would really appreciate your responses.

Thank you.

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attyLLL


moderator
do you have your own lawyer?


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tquilahspice


Arresto Menor
I do have a lawyer. I just want to get an opinion from other lawyers like you. Hope you can share what's your take on this.

Thanks.

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attyLLL


moderator
your lawyer is in the best position to answer your question. but you have an arguable case


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[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.
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