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Illegal Dismissal

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1 Illegal Dismissal on Tue Oct 14, 2014 10:43 am

babylene


Arresto Menor
We have a new employee, and for 21 calendar days she is only present for 15 days in which she's always late and 4 days absent. Since, her position is on top mgt. position the board member wants her contract to be terminated immediately. We terminate her immediately and release her last pay and 13th month pay she even received and acknowledge the end of probi contract and quit claims. However, after a couple of days we received a complain from NLRC. and we attend the SENA however, after 2 SENA it was escalated to higher level of arbitration, our company is only willing to give what is due to her. She is asking for a 5 months salary, is these legally due to her?

Thank you

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2 Re: Illegal Dismissal on Wed Oct 15, 2014 5:25 am

council


Reclusion Perpetua
babylene wrote:We have a new employee, and for 21 calendar days she is only present for 15 days in which she's always late and 4 days absent. Since, her position is on top mgt. position the board member wants her contract to be terminated immediately. We terminate her immediately and release her last pay and 13th month pay she even received and acknowledge the end of probi contract and quit claims. However, after a couple of days we received a complain from NLRC. and we attend the SENA however, after 2 SENA it was escalated to higher level of arbitration, our company is only willing to give what is due to her. She is asking for a 5 months salary, is these legally due to her?

Thank you

That can only be answered by NLRC and any other body tasked to hear this case.

Let her prove her claim in court. If she wins, you pay.

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3 Re: Illegal Dismissal on Wed Jan 28, 2015 12:41 am

Lei1984


Arresto Menor
Good day, I badly need your help pls. Is my case really a good call for illegal dismal?
I was hired june 23 2014 on my 1st account August 14 I was endorsed to production doing chat and 2 weeks after August 30 my lob was dissolved and I'm reprofile to my 2nd accnt last Sept. 17 though I'm paid those days i waited to have my 2nd accnt. Which is at&t as a newbee I really struggle and wasn't able to meet its metrics Nov. 23 my tl said I didn't pass and im pretty sure that they will reprofile me again coz im on my 5th month and think they will consider the coming Christmas but they don't they simply let me fill out a clearance form
I filled a case in DOLE they will give my last pay as the company waived off the training bond but my question is,
Is my case fit to be file as illegal dismissal?

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4 Re: Illegal Dismissal on Fri Jan 30, 2015 5:07 am

attyLLL


moderator
if you were under a probationary contract and the probationary period expired then you should be already a regular employee. if the period was not yet expired then they had the right to assess your performance and decide whether you met the standards.


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5 Re: Illegal Dismissal on Wed Feb 04, 2015 4:54 pm

buratchute


Arresto Menor
I hope someone can help me. I submitted a resignation to my employer last december 31th 2014 and will render 30 days of service. May TL accepted my resignation. Then in the middle of the month january of my rendering days, i think its around jan 12 when he talk to me and ask me if i do really want to resign. He sai he need someone like me on his team blah blah blah... and ask me if i want to stay. I really dont want to leave my job because it pays me well. So i told my TL that i will think about what he told me. Then the other day came and he ask me what my decision is. I then decide to stay and i accepted his offer to stay and then he told me "ok i will retract your resignation sige galingan mo." Ok tl i said. Then days goes by... it the 30th of january i came in late because i wasnt able to wake up. I admit it and told him the truth. Then he said i wasnt able to retract your resignation, the hr didnt agree. Sabi ko dapat sinabi mo ng maaga boss. Ok lng sakin kng d mareretract basta sinabi mo ng maaga. I spent my pay for the month of jan nun birthday ko so wala na ko pera. If i knew na hnd mareretract yun resignation ko d na sana ko nagcelebrate ng birthday ko. Sabi ko sa TL ko, hnd naman tama yun boss ang ayos ng usapan naten eh. Sagot nya hindi ka naman gumawa ng retraction letter, sagot ko. Hindi mo naman sinabi, kng sinabi mo gumawa sana ko. Sabi nya wala na daw sya magagawa. Yung tl ko na yun sobrang power trip pati mga newbie sa team namin kng sigaw sigawan nakakaawa. Gusto ko sana maturuan ng leksyon tong taong to. Ano ba dapat ko gawin? Pwede ba ko mag file ng complaint?

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6 Re: Illegal Dismissal on Thu Feb 05, 2015 2:42 pm

Patok


Reclusion Perpetua
bakit ka nagpasa nang resignation kung ayaw mo naman pala umalis?

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7 illegal dismissal on Tue Apr 21, 2015 9:39 am

frank.estav


Arresto Menor
I strongly believe that I was illegally dismissed by West Contact Service Inc. I already have filed a case with NLRC. We went through SENA and was endorsed to the labor arbitter. In both conferences the company strongly believe that they had grounds to such but I also have my own set of evidences. I need a legal counsel who would help me with my position paper which would be scheduled to be submitted on 04/30/2015. I have prepared a narrative statement Please help

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8 Re: Illegal Dismissal on Tue Apr 21, 2015 12:41 pm

council


Reclusion Perpetua
frank.estav wrote:I strongly believe that I was illegally dismissed by West Contact Service Inc. I already have filed a case with NLRC. We went through SENA and was endorsed to the labor arbitter. In both conferences the company strongly believe that they had grounds to such but I also have my own set of evidences. I need a legal counsel who would help me with my position paper which would be scheduled to be submitted on 04/30/2015. I have prepared a narrative statement Please help

What are you asking for from the company?

You might spend more that what you might receive - if you win.

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9 re: illegal dismissal by WCSI on Wed Apr 22, 2015 10:24 am

frank.estav


Arresto Menor
council wrote:
frank.estav wrote:I strongly believe that I was illegally dismissed by West Contact Service Inc. I already have filed a case with NLRC. We went through SENA and was endorsed to the labor arbitter. In both conferences the company strongly believe that they had grounds to such but I also have my own set of evidences. I need a legal counsel who would help me with my position paper which would be scheduled to be submitted on 04/30/2015. I have prepared a narrative statement Please help


--thank you for the reply sir, I am asking a total of 300k for backwages,including non payment of sss loan and moral,exemplary damages and 10% atorney's fees. i actually have to intenton to take this to the supreme court if necessary to get justice..too bad that i was terminated before the union was formed and I am no longer part of it and can't seek their assistance

What are you asking for from the company?

You might spend more that what you might receive - if you win.

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10 Re: Illegal Dismissal on Tue Apr 28, 2015 12:11 pm

raymark_roberto17


Arresto Menor
Pano po kung mag imbento yung employer para mapalabas na authorized cause para mapagtakpan yung illegal dismissal?

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11 Re: Illegal Dismissal on Tue Apr 28, 2015 5:07 pm

LandOwner12


Reclusion Perpetua
kaya mga meron tayong due process,,,
at kaya merong atty each side,, to defend our claims
so parang CA at Sandiganbayan lang yan,,,,
no case is won, unless verdict is executed..

naalala ko tuloy yong enemy of the state..
who will monitor the one that monitors......

ehhehehe, gudluck sa case nyo...

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12 Re: Illegal Dismissal Today at 10:38 pm

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