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Back Pay and separation pay - morale damages

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1 Back Pay and separation pay - morale damages on Wed May 11, 2016 10:14 am


Arresto Menor
Dear Sir / Ma'am,

I am 4 years and was suspended with no probable cause, management decided to have my assistant to resume post. I haven't received a suspension notice and a chance to explain on my side. An email print out of the CEO sent to managers (i'm not copied) saying that I am suspended is my only proof.

Due to low morale, I submitted a formal resignation (received by HR) and surrendered my accountability same day as I dont want to be AWOL.

Almost a year now and my back pay was not yet given due to the CEO need an exit interview with me, but they failed twice and didn't showed up to face me always requesting a re-schedule,

I filled a case at NLRC but until now their lawyer still insist to the labor arbiter to  have an exit interview with management Even though I already complied twice but they failed.

my question is:

1. Am I entitled on a separation pay for 4 years of tenure?
2.What other pay/charges shall I request aside from back pay and thirteenth month?
3. Based on my case, is it worth it to proceed for a formal complaint and have my lawyer?

Thank you and appreciate assistance.

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Reclusion Perpetua
1. Not if you resigned.
2. Based on what you wrote, I'm assuming you are a supervisor/manager. If so you are not entitled to 13th pay
3. Did you not file a case at NLRC already? Try to find a lawyer that would work on percentage of damages awarded. Para if you lose the case hindi masyadong masakit sa bulsa

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