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can an employer counter - file a case against an employee?

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marky14


Arresto Menor
hi HR practitioners, I'm just curious regarding this matter. puro nababasa ko po kasi dito sa forums eh employees filing a case against employers.

is there any case na nag counter - file yung employer against the employee? possible po ba yun if napatunayan na yung termination is valid?

thank you.

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HR Adviser


Reclusion Perpetua
Marky,

Based on my experience, the company do not bother to file against an employee once the termination is proven to be valid. Not unless there is a big amount the company wants to claim from the employee. Like in the case to my fellow HR whose employee stole almost 1M. The employee filed for illegal dismissal and the company filed for estafa. In the end, the employee was made to pay for the lost amount.

HR Adviser

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jd888


moderator
Yes, the employer may do so by all means.


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Atty.Melki


Arresto Mayor
In my experience, you may include your counter-charges in your reply or rejoinder, such as failure to surrender company property, etc.

I have also filed criminal charges (as appropriate) after the termination of a labor case.

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marky14


Arresto Menor
thanks sir. what if for example yung employee was terminated due to awol and nag file siya ng illegal dismissal. then, na - prove na valid yung termination ng employer.

ano kayang pwedeng counter file ng employer sa kanya? hindi po ako to ah. hehe. yung sa dati kasi naming employer daming problema kaya yung iba umalis na lang.

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marky14


Arresto Menor
anyone na makakatulong po? para masabihan ko rin po yung dating officemates ko kung ano magiging implications ng pag file nila. tnx.

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CharlesI.


Arresto Menor
pag kaganun usually dismissed yung kaso kasi napatunayan na valid yung pagterminate ng company sa employee. usually nde na nagsasampa ng counter case pa ang kumpanya sa emplyedo kasi gastos lang yun for the company. Pero kung magsasampa ng kaso ang pwedeng isampa ng company sa employedo is damage to company image or reputation lalo na kung malaking eskandalo yung ginawang pagsampa ng kaso ng emplyedo sa company na naapektuhan yung operations and image nila sa clients nila pwede silang magclaim ng ganun pero as experience kung nde naman ganun kalaking epekto sa company at napatunayang legal ang ginawang proseso ng kumpanya eh pinapabaan nalang hindi na nagsasampa ng couter case ang company sa employee.

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