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Illegal Dismissal by employer due to 3 infractions

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nimans_22


Arresto Menor
Hi, this is nimans. My company had terminated on November 2012. for 1 tardiness on January 2012 and 1 NCNS for October 2011 (which was supposed to be excused because I was sick). Both infractions should have been refreshed according to the latest COC that states every infraction will be refreshed after 6 months if the employee does not incur the same infraction within 6 months. Anyway, I filed a complaint at NLRC, then after 3 conciliations they still did not provide me with a concrete answer if they will give me what I requested for settlement. The labor arbiter had promised to let me file a position paper if by next week, they can't provide what I had requested. Therefore, next week will be their final chance to come up with a decision with regard to the amount that I am requesting.

My question is this.. Would I have a big chance of winning the case? And also, can PAO support me even though I am earning more than 14k net / month since I do not have money to pay for a lawyer? And how long does it usually take for this case to be done?

Just wanting to know what to expect if i file a position paper. Thank you so much for your time.

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Patok


Reclusion Perpetua
were you given due process when you were terminated?

prepare yourself as labor cases at NLRC can lasts for years.. then there's the court of appeals..

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nimans_22


Arresto Menor
Patok wrote:were you given due process when you were terminated?

prepare yourself as labor cases at NLRC can lasts for years.. then there's the court of appeals..

I was not.. They served the termination paper on November 15, 2012 when my November 15, 2012 shift ended.. Another violation from them I guess. There were no warnings or whatsoever.

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Patok


Reclusion Perpetua
then you have a strong case for illegal dismissal.. just be patient as it will take time..

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nimans_22


Arresto Menor
Patok wrote:then you have a strong case for illegal dismissal.. just be patient as it will take time..

My problem is that I cannot afford a lawyer. Can PAO support me if I earn more than 14k net salary per month?

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