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Illegal or Constructive Dismissal

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1 Illegal or Constructive Dismissal on Sun Nov 02, 2014 8:04 am

tamara010773


Arresto Menor
I would like to inquire if you could help me with my case against the company I worked for. I got hired at XXX as an Instructional Designer with probationary period of 3 months. After a rigorous and long process of job application and hiring, 4 months in total, I got hired by XXX in August. My co-workers had bullied me during my immersion period and had given me a hard time all throughout my stay up until this very moment. I had filed a complaint to the HR and they conducted an investigation. The people I had complained with had twisted their stories and the HR head had threatened me that they would file a complaint against me instead for the following reasons: breach of confidentiality, attendance, serious misconduct, which I'm not really liable of. I'm thinking of filing a complaint at NLRC.

Do you think I have a case? kindly advise me.

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2 Re: Illegal or Constructive Dismissal on Sun Nov 02, 2014 9:51 am

council


Reclusion Perpetua
tamara010773 wrote:I would like to inquire if you could help me with my case against the company I worked for. I got hired at XXX as an Instructional Designer with probationary period of 3 months. After a rigorous and long process of job application and hiring, 4 months in total, I got hired by XXX in August. My co-workers had bullied me during my immersion period and had given me a hard time all throughout my stay up until this very moment. I had filed a complaint to the HR and they conducted an investigation. The people I had complained with had twisted their stories and the HR head had threatened me that they would file a complaint against me instead for the following reasons: breach of confidentiality, attendance, serious misconduct, which I'm not really liable of. I'm thinking of filing a complaint at NLRC.

Do you think I have a case? kindly advise me.

What case would you file at NLRC?

The DOLE SENA form lists these issues:

a)Money claims
Non-payment/underpayment
of:
1. wage
2. Overtime Pay
3. Night-Shift Differential Pay
4. Service incentive leave
5. Holiday pay
6. SSS
7. Philhealth
8. PAG-IBIG

b) Unfair Labor Practice (ULP)
c) Illegal Dismissal
d) llegal Dismissal with Money Claims
e) Non-compliance with Occupational Health and Safety Standards
f) Certification Election Dispute
g) Inter/Intra Union Dispute
h) Cancellation of Union Registration
i) Others (Please Specify)

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3 Re: Illegal or Constructive Dismissal on Sun Nov 02, 2014 10:46 am

tamara010773


Arresto Menor
council wrote:
tamara010773 wrote:I would like to inquire if you could help me with my case against the company I worked for. I got hired at XXX as an Instructional Designer with probationary period of 3 months. After a rigorous and long process of job application and hiring, 4 months in total, I got hired by XXX in August. My co-workers had bullied me during my immersion period and had given me a hard time all throughout my stay up until this very moment. I had filed a complaint to the HR and they conducted an investigation. The people I had complained with had twisted their stories and the HR head had threatened me that they would file a complaint against me instead for the following reasons: breach of confidentiality, attendance, serious misconduct, which I'm not really liable of. I'm thinking of filing a complaint at NLRC.

Do you think I have a case? kindly advise me.


I do not know what to file po.

What case would you file at NLRC?

The DOLE SENA form lists these issues:

a)Money claims
Non-payment/underpayment
of:
1. wage
2. Overtime Pay
3. Night-Shift Differential Pay
4. Service incentive leave
5. Holiday pay
6. SSS
7. Philhealth
8. PAG-IBIG

b) Unfair Labor Practice (ULP)
c) Illegal Dismissal
d) llegal Dismissal with Money Claims
e) Non-compliance with Occupational Health and Safety Standards
f) Certification Election Dispute
g) Inter/Intra Union Dispute
h) Cancellation of Union Registration
i) Others (Please Specify)

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4 Re: Illegal or Constructive Dismissal on Sun Nov 02, 2014 10:54 am

tamara010773


Arresto Menor
i do not know what to file po. Ang gusto po nilang mangyari i-terminate ang kontrata dahil poor ang performance ko. pero dahil sa binigyan nila ako ng major project on my first week of work, in the end na nag-fail, sa akin nila sinisisi ito. Then, unti-unti nila akong inalisan ng mga gagawin. ipinasa nila sa iba yung mga dapat ay trabaho ko.

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5 Re: Illegal or Constructive Dismissal on Sun Nov 02, 2014 11:46 am

council


Reclusion Perpetua
Hindi ka pa naman na-terminate so hindi pwedeng illegal dismissal.

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6 Re: Illegal or Constructive Dismissal on Sun Nov 02, 2014 12:20 pm

tamara010773


Arresto Menor
ganun po ba? so may case po ako if sakali na i-terminate nila ako? nagtataka po ako bakit bandang huli ako pa ang kakasuhan nila. nakita ko din po na nag-post na sila ng advertisement kahit pa nagwu-work pa din ako sa kanila at may pending investigation ang kaso ko. dapat po bang mag-resign ako or what?

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7 Re: Illegal or Constructive Dismissal on Tue Nov 04, 2014 10:02 am

attyLLL


moderator
perhaps the problem was that you filed a complaint against your colleagues without decent proof to back your accusations. besides you said there is a pending investigation, so it means it is not yet done.


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8 Re: Illegal or Constructive Dismissal on Sun Nov 09, 2014 2:21 am

tamara010773


Arresto Menor
the investigation was done and the hr director terminated me. he wanted me to sign the termination agreement but i didn't. i found that the investigation together with all the documentation that they had submitted has no basis, so biased and were all fabricated stories. in the meantime, i've got all the evidences, witnesses i have but the hr director had disregarded most of them. what should i do now? please advise me.

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