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.