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pa help po... case after resignation

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1 pa help po... case after resignation on Sat Jan 25, 2014 9:25 pm

jsmv23


Arresto Menor
One of our employee resigned 2 months ago. She have clearance, cert of employment and her separation pay. After a month, nkita nmin na may anomalya sya gingawa s office which involves a hundred thousand money. May habol p b kmi sa kanya khit may clearance na sya s min?

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2 Re: pa help po... case after resignation on Sat Jan 25, 2014 10:00 pm

tsi ming choi


Reclusion Perpetua
jsmv23 wrote:One of our employee resigned 2 months ago. She have clearance, cert of employment and her separation pay. After a month, nkita nmin na may anomalya sya gingawa s office which involves a hundred thousand money. May habol p b kmi sa kanya khit may clearance na sya s min?

NO more because by issuing clearance and other documents pertaining to his employment, you already renounced or waived any claim againts the former employee. Further, the issued clearance can not supersede any claim arising from his employment because of estoppel.

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3 Re: pa help po... case after resignation on Sun Jan 26, 2014 10:30 pm

jsmv23


Arresto Menor
Pero pwede po b nmin sya idemanda na qualified theft? Sorry po d q po naintindihan ung last sentence... wala po what section po b s law un naka state? Maraming salamat.po

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4 Re: pa help po... case after resignation on Sun Jan 26, 2014 10:32 pm

jsmv23


Arresto Menor
Saka meron po b kau kilala lawyer to ask nung mga questions ko para msbi ko po s boss ko na wala n xhamce

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5 Re: pa help po... case after resignation on Mon Jan 27, 2014 4:00 pm

tsi ming choi


Reclusion Perpetua
jsmv23 wrote:Pero pwede po b nmin sya idemanda na qualified theft? Sorry po d q po naintindihan ung last sentence... wala po what section po b s law un naka state? Maraming salamat.po

in my opinion, malabo na maka demanda pa kayo ng qualified theft kasi by issuing clearance to him, it presupposed na sya(former employee) is already cleared from any liabilities mapa criminal or civil or any obligations from the company during his employment.

yung estoppel operates like this.. You are not permitted to file any claim against sa kanya, simply because nag issue na kayo ng clearance sa kanya.

Parang sinabi nyo na "clear" na sya and later on hahabolin nyo pa pala, kasi may obligation pa pala sya..

May right kayo to file qualified theft BUT i think ma technical kayo sa procedure kasi naka issue na kayo ng clearance.

I have a friend lawyer but here in davao.

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