I was hired as the operations manager of the philippines operations, the company is million dollar company operating across ASIA and EUROPE.
I was hired January 26, 2012 and Last May 4, 2012 I was illegally terminated by my employer and they have presented 11 counts of alleged policiy violoation which are all fabricated in nature just to justify my termination . I was not given any chance to explain any of the 11 offenses mentioned in my termination notice.
By the way I am the second employee of the company here in the Philippines where I helped the stakeholder established their company here. My employment contract contains conflicting statement as to my status upon hire as probationary or regualar status. My contract states that I am on probations status , however there were provisions in my contract that clearly categorized me as a regular employee such as, The contract states that after three months my salary will be increased from P85,000 to P95,000 and will be increased again after 15 months, so it is a very positive categorical statement that i shall be retain even after 15 months.
I was never made aware of the manner of the evaluation criteria and never had a evaluation review with my boss. I was reporting to the corporate HQ in Great Britain (to the owner)
Come May 4, 2012 at the close of the office houre around 6:05 PM i was requested by the general manager to come to the admin second floor and I was very shocked to see an armed security guard with them , i refuse the presense of a security guard but they says the security is just there should they need it, but still i refuse the security to be present.
They presented to me the termination notice containing 11 policy violations but will all honesty they are all fabricated.
I signed the termination notice and put there signed under protest and immediately the following week i filed a case at the region IVA NLRC in Calamba laguna where the company was covered.
The company is not willing to settle so we continue the case.
The last hearing was last week July 31, 2012. And i was shocked to see the attahment from the their response to my position paper.
They manage to convince one of my fellow manager to execute an affidavit that purpotedly says that i have harassed his family and tresspass to his home on May 14 and asked for a certain statement.
To give a background , last May 14 i requested by colleague to give me a statemnt regarding a certain incident, i was very thankful to my previous collegaue because he gave me a statement that I will use as attachment to my position paper, my collegaue even sent me a soft copy thru email a day before I went to his house to pick up the statement personally.
Unfortunately due to unexpected turn out of the event this colleague of mine is now retracting hi statement given to me last may 14, 2012. He executed an affidavit in favor of my employer claiming that i harassed him on May 14, 2012 and the statement that i have in my possession should be invalidated. It worth to note that my colleague executed this affidavit July 30, 2012 a 1 full 1 and a halft month after he provided to me his statement, and it is a day before the final submission of the reply to the position paper.
My question is:
1. What is the best thing to do, what are the liabilities of my colleage for his fabricated statements. He mentioned in his affivated on July 30, 2012 that i went to his house without his knowledge but its is very clear that a day before i went to his house he sent me an email that he sent me the copy over e-mail.
2. We also have text messages exchanges that he knows that i am coming over to his residence to get the orginal written statement. In fact when i visited him on his residence he gave me a diffrent statement which even more detail that the one he gave me on the e-mail.
3. Can i sue him? , what are the possible claims that i shall file allowable by laws?
I hope to hear back from you , becasue my case on NLRC is already submitted and waiting for resolution.
I and my family are worried with the malicious affidVIT executed.