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1 Need your advice/help on Fri Dec 11, 2015 8:24 am

phpemp


Arresto Menor
Hi goodmorning!

Currently I am suffering from clinical depression and on medical leave until December 17 2015 due to medications. Clinical depression was caused by my manager due to discrimination of marital status regarding a job assigment,lying about my work performance (with evidence) and demoralizing our team.

I asked for a transfer of department from hr/upper managemet but they did not grant my request. Currently after my medications and the doctor grants me a fit to work hr/management's plan is still integrate me slowly back to the same manager which I cannot accept anymore due to the fact that I already lost too much emotionally physically and financially.

Is there any advice you can give me.

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2 Re: Need your advice/help on Fri Dec 11, 2015 9:03 am

phpemp


Arresto Menor
Up

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3 Re: Need your advice/help on Fri Dec 11, 2015 9:08 am

council


Reclusion Perpetua
Immediate resignation.

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4 Re: Need your advice/help on Fri Dec 11, 2015 9:21 am

phpemp


Arresto Menor
Can i file any case for this?

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5 Re: Need your advice/help on Fri Dec 11, 2015 9:24 am

phpemp


Arresto Menor
Immediate resignation after my leave?what about the damages done by my manager?

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6 Re: Need your advice/help on Fri Dec 11, 2015 9:46 am

council


Reclusion Perpetua
File a complaint against your manager, with your HR department.

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7 Re: Need your advice/help on Fri Dec 11, 2015 10:03 am

phpemp


Arresto Menor
I already filed a complaint. What about any legal actions? Regarding management still assigning me under the same manager where i got depressed for the reasons stated above.

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8 Re: Need your advice/help on Fri Dec 11, 2015 10:07 am

phpemp


Arresto Menor
Grave abuse of discretion (by discriminating my marital status and lying about how i perform)

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9 Re: Need your advice/help on Fri Dec 11, 2015 10:11 am

council


Reclusion Perpetua
"grave abuse of discretion" may apply more to judges and courts.

but if you still want to file a complaint, you can either go to DOLE or any court.

it is your right to file a complaint if you want, but it is no guarantee that you will win or that you have a strong case.

and if the complaint is dismissed, you will have a more difficult time staying in the same company under the same manager.

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10 Re: Need your advice/help on Fri Dec 11, 2015 10:41 am

phpemp


Arresto Menor
Thanks council. I cannot bear to work under the same manager given the experience that I had and the effect (depression) and if management cannot transfer me I'm planning not to report to work anymore but I will not resign and let them take actions on mr base on their conscience since it's very well known within our organization that this manager has been practicing several wrongdoings already.

I'm just here to clarify if I have any points to file a case for what happened. If yes,what case should I file.

Thanks

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11 Re: Need your advice/help on Fri Dec 11, 2015 11:12 am

council


Reclusion Perpetua
phpemp wrote:Thanks council. I cannot bear to work under the same manager given the experience that I had and the effect (depression) and if management cannot transfer me I'm planning not to report to work anymore but I will not resign and let them take actions on mr base on their conscience since it's very well known within our organization that this manager has been practicing several wrongdoings already.

I'm just here to clarify if I have any points to file a case for what happened. If yes,what case should I file.

Thanks

If you decide not to report to work, but not resign, then you can be charged with AWOL and your employment can be terminated for cause.

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12 Re: Need your advice/help on Fri Dec 11, 2015 5:52 pm

phpemp


Arresto Menor
Hi council thanks for the reply. I am well aware of the consequences of what I am planning to do (termination). I would like to ask if there is any possible case that I may file against my manager on court while I am still on medical leave since I have evidences regarding his discrimination and falsyfing data about my work performances which lead to my depression.

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13 Re: Need your advice/help on Fri Dec 11, 2015 6:12 pm

council


Reclusion Perpetua
your case will still go on as you report back to work.

i wonder how you will get to work well in that situation.

in theory, as this is work-related, you cannot directly file a case against your manager in court - you can do so only against the company.

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14 Re: Need your advice/help on Fri Dec 11, 2015 6:21 pm

phpemp


Arresto Menor
What case may I file against the company?since it's clear that they will still put me under the same manager that caused this depression and their non actions to addressed my situation (request to transfer) so that I can arrange this ASAP since my medical leave will be over next week. Thank you very much

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15 Re: Need your advice/help on Fri Dec 11, 2015 6:27 pm

phpemp


Arresto Menor
I cannot go back to work anymore if nothing happens I'd rather get terminated than to work for the same manager again but I do not want to resign since it will show that I give up on what I am fighting for. I am asking for your help for any case that I may file since I do not want to go out without fighting for what was done to me by my manager.

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16 Re: Need your advice/help on Fri Dec 11, 2015 6:59 pm

Lunkan


Reclusion Perpetua
phpemp wrote:I cannot go back to work anymore if nothing happens I'd rather get terminated than to work for the same manager again but I do not want to resign since it will show that I give up on what I am fighting for. I am asking for your help for any case that I may file since I do not want to go out without fighting for what was done to me by my manager.
You CAN fight by having a case even after you have left.
But DON'T just leave without resigning, because that give the company a case AGAINST you.

(One of my friends had a similar problem and felt UNNECESARY much bad by how he THOUGHT about the problem. I managed to make him RETHINK not bothering any much about the bad boss, start thinking about him just as an idiot Laughing He went back after depression and started making that bad boss LOSE FACE in front of the GROUP by asking RELEVANT questions to the boss about bad effectivity BECAUSE of the boss. (NOTE! DON'T say things which make legal reason for fireing.) The boss found that so embarrassing so he started working for get rid of my friend by offer my friend 1 year salary TO LEAVE direct Laughing My friend said "No thanks,. I want 3 years." Perhaps that wasn't wice, he is still there...

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17 Re: Need your advice/help on Fri Dec 11, 2015 7:30 pm

phpemp


Arresto Menor
Hi lunkan, what's your best advice regarding my issue?should I file a case now that I'm undergoing treatment or right after my depression is over? I have no plans in reporting back to work since the work environment that will be given to me is the same (still under same manager). Also I already incurred damages (emotionally & financially) for me to come back to work without anything.

Thanks for your help

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18 Re: Need your advice/help on Fri Dec 11, 2015 7:31 pm

phpemp


Arresto Menor
What case should I file in labor?i have no idea at all. Thanks

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19 Re: Need your advice/help on Fri Dec 11, 2015 7:46 pm

Lunkan


Reclusion Perpetua
"should I file a case now that I'm undergoing treatment or right after my depression is over?"
Well. I'm good at showing how people can recover better by CHANGE THINKING, I have even written a book about it.
(I'm studying parts of property and business laws, just looked very litle at labour laws yet, the labour section I mainly read to LEARN myself Smile

Others e g Council know MUCH more than I about labour laws.

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20 Re: Need your advice/help on Fri Dec 11, 2015 7:59 pm

phpemp


Arresto Menor
Thanks lunkan.. will wait for mr council if my issue has an applicable case to file for.

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21 Re: Need your advice/help on Fri Dec 11, 2015 9:01 pm

Lunkan


Reclusion Perpetua
phpemp wrote:Thanks lunkan.. will wait for mr council if my issue has an applicable case to file for.
Yes.
And try to rethink about the idiot boss Smile so you feel better.

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22 Re: Need your advice/help on Fri Dec 11, 2015 11:51 pm

HrDude


Reclusion Perpetua
phpemp wrote:What case may I file against the company?since it's clear that they will still put me under the same manager that caused this depression and their non actions to addressed my situation (request to transfer) so that I can arrange this ASAP since my medical leave will be over next week. Thank you very much

You can file a case for damages. However, in my opinion, it would be futile. The bases of which are as follows, to wit;

1. The action of your superior is presumed done in good faith. There is a presumption that all legal and lawful acts and/or orders of a superior are in 'good faith';
2. Same goes to your Company; and
3. Unless you can prove that the acts that contributed to your stress and depression are felonious or malicious in nature AND you can prove the same by relevant and competent, you have no Cause of Action and your case will just be dismissed.

If all employees are just like you, stressed and depressed just because your superiors gave you more workloads, or has an ugly face or for whatever legal reasons, all employers will be bankrupt because stress is common in the workplace. Do you see my point?

If an employee cannot handle stress and such stress gives him/her depression, the employee has all the freedom to resign BUT has NO RIGHT to file a case without a cause of action. I suggest you resign.

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23 Re: Need your advice/help on Sat Dec 12, 2015 6:48 am

phpemp


Arresto Menor
Hi hr dude

Thanks for the reply. As I've said I have evidences and witnesses in our company regarding his discrimination and falsifying of my work performance which caused me to be depressed due to the fact that I've work hard for my performance only to be discriminated and falsify my data.

My concern here is what appropriate case I may file in court? I dont know what specific case should I file against the company

Thanks

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24 Re: Need your advice/help on Sat Dec 12, 2015 6:50 am

phpemp


Arresto Menor
Meron pong evidence,witnesses sa mga ginawa nya sakin pag discriminate at pagpababa ng akin work performance. Ang tanong ko po ay anong kaso ang maari kong isampa

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25 Re: Need your advice/help on Sat Dec 12, 2015 6:51 am

council


Reclusion Perpetua
See if a case of constructive dismissal will prosper when you file it with DOLE/NLRC.

But that would mean either you would have to resign or be content to work in a hellish situation.

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26 Re: Need your advice/help Today at 3:58 pm

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