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Moral Damages and Illegal Dismissal

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1 Moral Damages and Illegal Dismissal on Tue Sep 24, 2013 11:48 am


Arresto Menor
Good Day Atty,

Here is the concerns my friend would like to ask if this are consider as illegal dismissal and he can claim moral damages

1. Employer assign him a new task from a different department which means he have to work for two departments but he was evaluated as a poor performer on the new task and they decided to retain his old position.

2. Employer assign him to another department which is for him is demotion since that work is the work of a rank and file. After he talk to them they did not push trough with that and let him remain at his current position.

3. Employer gave him several task but evaluated him as poor performer. Now they agreed that he will be resigning voluntary but they are the one who draft the resignation letter for him, as he ask them to do so. They agree to pay him 2 mos salary and full 13th month pay.

4. His co employer finds him also a unproductive

Now he is still planning to sue the employer, is that the right thing to do?

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2 Re: Moral Damages and Illegal Dismissal on Wed Sep 25, 2013 12:49 pm


no, because it appears that he agreed to the 'graceful exit'. he should not sign the resignation letter

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3 Re: Moral Damages and Illegal Dismissal on Mon Oct 07, 2013 6:05 pm


Arresto Menor
Hi Atty, what do you mean by he should not sign the resignation? technical he did not sign it po but he was given as poor performance evaluation. he was claiming that he doesnt deserve it. he also said that he is having sleepless nights and suffer from nominal damages.


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