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Illegal Dismissal or Constructive Dismissal?

What are my chances of winning the case?

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justice_seeker_girl


Arresto Menor
Hi all, thanks in advance for the advice.

Basically I need legal advice on what kind of case should I file against my formal employer.

Here's my story:
I was in the transition stage of getting regularized, when I received a "letter of dismissal" by my employer/upper management. My immediate supervisor recommended my regularization actually but was unfortunately contested by upper management and imposed three main reasons of disagreement with my supervisor's evaluation. Although I outrightly denied the baseless accusations and demanded for an investigation prior to termination, I was denied of such due process or discussion and instead was told explicitly that dismissal/termination was effective immediately.

To save face, of course, I had no choice but to submit a willful resignation letter to my supervisor some 1-2 days after I've received the letter of dismissal. To document my dissatisfaction, I gave a letter of counterclaim to our HR instead thereafter.

Here's the thing: I was able to find some documents to prove my innocence to serve as counterclaim for all allegations made against me.

At the onset of my research, I thought that I could file a case of illegal dismissal. However, based on fact that I did file a voluntary resignation, my case cannot be classified as Illegal Dismissal, correct? Will the lack of due process and unjust cause be grounds for me to file a case of Constructive Dismissal instead?


If I pursue Constructive Dismissal, what damages can I claim/demand just in case? Would it be the same as that of Illegal Dismissal? Can I also file a case of serious defamation given that I've been wrongly accused of some issues and I actually have actual documents to prove my innocence?

More importantly, what should my next action be? Employer wants to have a discussion with me to possibly hear my counterclaim but I am not comfortable and not interested to do so anymore. I also do not see the point to discuss because that should have been carried out/awarded to me at the time they handed over my letter of dismissal.

Thanks!

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Patok


Reclusion Perpetua
how long have you been in the company?

sabi mo transition stage of getting regularized.. so probi ka pa lang?? did you sign a probationary contract?? ano nakalagay don? meron bang clause na management's prerogative kung i re regularized ka or hindi..

kung wala ka pang 1 year sa company kahit mag file ka nang constructive dismissal and let say manalo ka.. maximum makukuha mo eh 1 month's salary lang.. maabala ka pa nang husto nyan..

i suggest you just moved on.. and look for another job.. not worth fighting kung wala ka pang years of service sa company..

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justice_seeker_girl


Arresto Menor
Patok wrote:how long have you been in the company?

sabi mo transition stage of getting regularized.. so probi ka pa lang?? did you sign a probationary contract?? ano nakalagay don? meron bang clause na management's prerogative kung i re regularized ka or hindi..

kung wala ka pang 1 year sa company kahit mag file ka nang constructive dismissal and let say manalo ka.. maximum makukuha mo eh 1 month's salary lang.. maabala ka pa nang husto nyan..

i suggest you just moved on.. and look for another job.. not worth fighting kung wala ka pang years of service sa company..

No I actually did not sign anything like that. The thing is, the basis for upper management not to regularize me was baseless and just pure hearsay, as I was able to find documents to prove them otherwise.

I'm a returning employee, started in early 2011 and left mid 2012. Went back late last year as project-based and shifted to probi last April.

Thanks!

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justice_seeker_girl


Arresto Menor
Bumping this up! Any more opinions? Will very much appreciate everyone's help!

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alexisbantilan


Reclusion Perpetua
WALA KA GAWIN KUNDI UMALIS NA.
NAGFILE KA NG RESIGNATION EH.

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