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Illegal dismissal with exemplary and moral damages

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joana07


Arresto Menor
Hi i just want to know your opinion about my case.
I am working as a teacher for 13 months and in a private school. last month i was asked by the administrator to resign, because of my absence due to my pregnancy w/o asking for any medical certificate. She said that my pregnancy is sensitive and i might be having a hard time performing my responsibilities because of my condition.
I was 10 days absent, i failed to informed her the reason why, because i was really sick. then on Monday i went to the school, then when i arrived she immediately talk to me about the matter, and explained to her why i was absent, then she told me that it would be best if i will resigned, because they thought that i am having a hard time due to my pregnancy. and if i did not show up to the school they would have given me a bridge of contract. but then i told her that i wanted and i can still teach, but then she still insisted that it would be better for me to resign. so right after our talk she told me not to got to class and but instead clean up my table and give to her all the teaching materials and students record. and also told me that not to go home without giving my resignation letter. But i asked her if ever i can give my resignation the next day because i cannot write it right now because im still having hard time of what she is asking me to do w/c is to resign.
So i did what she told me to do, except the resignation letter.

So hear are my questions:
1. I filled case against them in nlrc, does my case has a merit and would i prosper?
2. they are asking for settlement but, it i dont want it, and told me that if the case continue, they will file a bridge of contract case against me and another case to prc if ever i get my license, as unethical act to work as a teacher because i did not go back to work. would those case be possible?

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attyLLL


moderator
i believe you have a good case for constructive dismissal


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joana07


Arresto Menor
my tanung lang po ulet ako, nakapg pass nako ng position letter. reply position letter na po ako ngayon. at dinala ko na yung kaso sa PAO office kasi po hindi kona alam ang susunod na gagawin,, sabi saken posibleng matalo yung kaso kahit anong galing ng abogado.

question ko po is:
1. bakit nasabi saakin na ang maging cause ng talo is technicalities? anu po ba iyon?
2. kung dahil po sa position letter ang isa sa maging cause ng talo sa kaso, bakit po pinapayagan na magpasa ang isang complainant ng position letter na hindi gawa ng isang abogado??

salamat po.

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attyLLL


moderator
considering the case is already submitted for resolution, there is nothing else to be done but to wait for the resolution.

lawyers can argue all they want about possible outcome, and for sure, 1 side will be wrong.


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