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Pending case in NLRC but Im out of the country

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1 Pending case in NLRC but Im out of the country on Wed Nov 21, 2012 12:01 am

good_intention


Arresto Menor
help pls,


Im out of the country since Nov 6, 2012. I filed case in NLRC and had 2 hearings however my ex-employer didnt attend the hearing, maybe they know that im leaving the country. Im here in USA for good amybe will be back after 5years or so. But I dont want to throw everything away Sad , Can somebody help me pls?!

I had my atty from 1st to 2nd hearing (2nd hearing I was in the USA already, I just sent him SPA) but like I said they never showed up. Now my atty said we need to file Position papers, but I cant afford to pay him at this point. Maybe early next year I can, Im completely new here in the USA. My question is;

1. Until when can i file the petition papers? Can we ask for extension until I got the money to proceed?
2. Is there any way to resolve my case since my ex-employer didnt show up?
What are my options?
3. Is there any lawyer can help me w/ this? I cant pay right now but early next year I can once I got a job. (i felt that my current lawyer is too busy to handle my case)

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attyLLL


moderator
you can request for a couple of resettings but don't assume your employer won't submit a position paper.


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good_intention


Arresto Menor
i have no issue submitting p[osition papers but currently im out the country. how long can i pending my case in Nlrc? or if ever how soon can i re open the case in case i cant submit position apper after 30 days?


thanks

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attyLLL


moderator
many arbiters allow up to 60 days but that's entirely based on the discretion of the particular arbiter handling your case


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good_intention


Arresto Menor
Question pls, Let say I lost my case in arbiter level or NLRC, is it true that my ex employer should still pay me back my salary from the time they terminated me up to the time the decision release? I've heard this from other lawyers I talked to in the past, Im not sure if i understand it right though.

And if ever Can In reopen the case after few months? or just the 10 days?

thanks

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attyLLL


moderator
once you receive a decision, there is only 10 days for the defeated party.

even if it is ruled that you were not illegally dismissed, the company should still pay you whatever pending salaries which were duly proven


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good_intention


Arresto Menor
panu po kung let's say na close na diba may tinatawag na re-filing?


another scenario. Let say natalo ako saarbiter level, so ang babayaran lang sa akin ang remainign salary ko like, 13month pay?

another one: D ako nag file ng position paper after 10 days, it means talo ako, anung pay ang matatangap ko? Yung sa back pay lang?

Ammm, atty po kayo? pwede bang mag inquire ng atty fees nyo?


thanks

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attyLLL


moderator
re-filing contemplates a situation that the employee did not file a position paper. yes, if you lose, that is what you will get but only if you were able to prove that you are entitled to it.

what's happened to your previous atty?


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9 atty issue on Wed Feb 13, 2013 2:36 am

good_intention


Arresto Menor
Well, paid lang sya per hearing 3k so i did pay him 2x, since 2x yung hearing kaso hinde nga umattend yung other party. Now, I need to pay the lawyer to write me a position paper. Pero nag-ddoubt na ko, kasi i dont fee being taking cared of, saka Sa marriage law ata sya concentrated, so i want someone who has extensive experience in Labor. Now, Can u give me your credential pls? and your fees?


thanks

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