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FORCED TO RESIGN, UNCOMPENSATED

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1 FORCED TO RESIGN, UNCOMPENSATED on Fri Mar 21, 2014 1:03 pm

pau10mb


Arresto Menor
Dear Attorneys,

I just would like to ask if we have sufficient grounds to file a case against my wife's employer.

My wife started working for a real estate company as a client relations officer. After just 1 week, she was told that she would be terminated because she was an undergraduate. Here are the facts:

1. It is pretty clear on her resume that she did not graduate and only had 3 years of college education. There was no indication that she was a graduate whatsoever.
2. She had 3 interviews before she was hired. She was never asked about her educational attainment.
3. She signed a contract. She was required a medical exam (which we ourselves paid for). After signing, she had to wait 2-3 weeks before she could start working. She had to buy a lot of "corporate" attire and shoes for the job.
4. On the last day of her first week, her supervisor told her in a private meeting that she would be terminated.
5. Upon hearing the shocking news, she asked if she could be given at least a few weeks until she can find a new employer. The supervisor said she would have to check with their corporate office. She was told to go home at noontime of that day.
6. After almost a week of waiting, she was told that she can't be employed any longer and that she NEEDS TO RESIGN ASAP.
7. She was told that after she passes her resignation letter and be cleared, she would IMMEDIATELY get the compensation for the 1 week that she worked for.
8. After a few days, she was told that she would have to wait 2-3 MONTHS before she can get the compensation. Without any choice, she passed her resignation letter.
9. A few days after she passed the letter, she followed-up with the company regarding her pay. To her surprise, she was told that she will NO LONGER BE COMPENSATED because SHE FALSIFIED HER DOCUMENTS.

The termination was sudden, without any prior notice, eventhough she DID NOT LIE about her educational attainment and THERE WERE NO DOCUMENTS FALSIFIED.
To add insult to injury, she will NOT BE PAID after being promised that she will.

It was clear that the lapse was made by their HR, because they failed to determine whether or not she graduated. In fact, as an indication of this flaw, the company SUSPENDED TWO OF THEIR HR STAFF because of the incident.

We have a 1 year old daughter to feed. Because of this very sudden event, our finances had to suffer. There wasn't even a tiny bit of consideration. She was left hanging high and dry.

We have all the text messages from her boss and the HR manager.

Do we have a case? If yes, what's the first step?

Your free legal advice would mean the world to us. We believe we deserve to be heard.

Thank you.

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2 Re: FORCED TO RESIGN, UNCOMPENSATED on Fri Mar 21, 2014 3:15 pm

concilii


Arresto Menor
Obviously.. if she was asked to RESIGN .. that is tantamount to constructive dismissal

You can file for ILLEGAL TERMINATION at the nearest DOLE office in your area or at the NLRC

DEFINITELY, your wife will be invited for a conference with her employer. You just have to decide this early if you wish to battle it out with the EMPLOYER or go for settlement.

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3 Re: FORCED TO RESIGN, UNCOMPENSATED on Fri Mar 21, 2014 3:50 pm

pau10mb


Arresto Menor
concilii wrote:Obviously.. if she was asked to RESIGN .. that is tantamount to constructive dismissal

You can file for ILLEGAL TERMINATION at the nearest DOLE office in your area or at the NLRC

DEFINITELY, your wife will be invited for a conference with her employer. You just have to decide this early if you wish to battle it out with  the EMPLOYER or go for settlement.

Thanks. Can you describe to me the usual proceedings of DOLE for such cases? I mean, how long it would take, what needs to be done, or any expenses we have to prepare for.

We are certainly determined to “battle it out” against the company, but wouldn't that still result to a settlement? We don’t have any wishes for her to be reinstated anyway. We just want what’s due – any type of compensation for the trouble and humiliation.

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4 Re: FORCED TO RESIGN, UNCOMPENSATED on Fri Mar 21, 2014 5:08 pm

concilii


Arresto Menor
pau10mb wrote:
concilii wrote:Obviously.. if she was asked to RESIGN .. that is tantamount to constructive dismissal

You can file for ILLEGAL TERMINATION at the nearest DOLE office in your area or at the NLRC

DEFINITELY, your wife will be invited for a conference with her employer. You just have to decide this early if you wish to battle it out with  the EMPLOYER or go for settlement.

Thanks. Can you describe to me the usual proceedings of DOLE for such cases? I mean, how long it would take, what needs to be done, or any expenses we have to prepare for.

We are certainly determined to “battle it out” against the company, but wouldn't that still result to a settlement? We don’t have any wishes for her to be reinstated anyway. We just want what’s due  – any type of compensation for the trouble and humiliation.

Your wife will simply go to NLRC , and would be required to fill up a /Complaint sheet NLRC will SUMMON your wife's employer for a mandatory conference..

If no settlement is reached during the conference, next step will be submission of position papers..and in this case "you will be needing a lawyer" to represent you.. CASES may reach up to the SUPREME COURT

NOW, if your wife , wishes not to be reinstated, then she can claim for SEPARATION PAY ...depending on her length of service, pro rated 13th month pay.. and other benefits due her under the law
Evaluate first what the other party will offer.

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