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What Shall I do?

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1 What Shall I do? on Sat Aug 04, 2012 8:30 pm

fcruz


Arresto Menor
Hi, I would like to seek an advise what to do, I have filed a complaint against my employer for illegal dismissal, non payment of wages, Overtime, 13th month pay, re-imbursement claim.

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.


Thank you.
Fcruz











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2 Re: What Shall I do? on Mon Aug 06, 2012 2:38 pm

your story is very long so i guess that's why people here are too lazy to reply. it's a good thing you brought it up to the nlrc, they are the correct agency to handle your problem. but looking at your situations, looks like you have poor chances of winning:

1. you are not a regular employee
2. you have been terminated by using the following provisions on the labor law:

Causes for Termination by the Employer

-Serious misconduct;
-Willful disobedience of employer’s lawful orders connected with work;
-Gross and habitual neglect of duty;
-Fraud or breach of trust;
-Commission of a crime or offense against the employer, employer’s family or representative; and
-Other analogous causes.

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3 Re: What Shall I do? on Tue Aug 07, 2012 4:41 pm

alexisbantilan


Reclusion Perpetua
Illegal dismissal can be filed even if you're not regular employee or in probationary period. You still have security of tenure of 6months if you're probationary period. It's immature to state now that there's no way of winning. F. Cruz, just present your evidences of email that you did not harassed your colleague.Aside from earthly justices, we still have Godly justice, so God knows everything, not Judas.

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4 Re: What Shall I do? on Tue Aug 07, 2012 7:47 pm

Atty.Melki


Arresto Mayor
Well, it's too early to tell if you will win or loose.
These are my thoughts:

1. Because you are the employee, any ambiguity in the evidence must be resolved in your favor. The law sees the inequality between employer (more powerful) and employee (less powerful) and seeks to balance the odds.

2. Even if you are a probationary employee, you still have security of tenure for a limited period. Your company was wrong to dismiss you without valid cause nor due process.

3. You can sue you colleague. Criminally or civilly.

pm me if you have follow up questions pero isang bese lang ha... I will give you 1 more chance for a free advice.

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5 Re: What Shall I do? on Wed Aug 08, 2012 9:51 am

fcruz


Arresto Menor
Guys, Thanks for the reply. My NLRC case is now waiting for resolution, yesterday i went to the NLRC to submit a rejoinder for my counter affidavit, I have attached the screenshots of e-mail messages and text messages showing that my colleague knows that I am coming to his house and that in reality before i came to his house he already sent me the soft copy over e-mail.

I was thinking of filling a case against my colleague but i was having a second thought because hes been a good friend to me in the past and i am thinking that he is also a victim of my employer, and he did that just to retain his job as he is a family man.

My employer forget that i have with me a copy of my e-mail mail box and i was able to proof that all 11 offenses they presented are all lies. I am hoping th arbiter will give judgment in my favor because the company prepared a fabricated evaluation performance signed and dated April 27, 2012 that contains evaluation that is supposed to commit by April 30, 2012. How the company evaluated me 3 days in advance to the future is very obvious fabrication.

My worry is what shall i do with my colleague

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6 Re: What Shall I do? on Sat Dec 08, 2012 12:02 pm

fcruz


Arresto Menor
Just an update, my colleague retracted his earlier affidavit and has stated that HR forced him to sign the prepared affidavit, we are now preparing a manifestation to be submitted to NLRC.

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7 Re: What Shall I do? on Mon Dec 17, 2012 9:13 am

fcruz


Arresto Menor
My labor case is already 8 months , still no resolution

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8 Re: What Shall I do? on Tue Dec 18, 2012 8:20 pm

attyLLL


moderator
ask your lawyer about filing a motion to resolve


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9 Re: What Shall I do? on Wed Jun 05, 2013 3:08 pm

fcruz


Arresto Menor
Its been a year since i filled my case , wala pa rin resolutionn ang NLRC. I received an notice from NLRC last January that case is submitted for resolution but 6 mos from that wala pa rin... Ilang years kaya need ng NLRC , i been calling them for follow up pero ang sabi mag intay na lang ako. Sad

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10 Re: What Shall I do? on Wed Jun 05, 2013 3:33 pm

Patok


Reclusion Perpetua
yan ang problema sa NLRC.. sobrang tagal mag desisyon.. kaya yung iba na may choice na settlement.. eh kinukuha na lang yung pera kesa magkaso kasi nga sobrang tagal.. di ka pa din sure dyan.. after NLRC pwede pa mag appeal..

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11 Re: What Shall I do? on Thu Jun 06, 2013 11:51 pm

attyLLL


moderator
ask your lawyer about filing a motion to resolve

if he already did, then ask about filing a second one. you think they retain records of your verbal follow ups?


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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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12 Re: What Shall I do? Today at 8:15 am

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