Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Shall I file a lawsuit? Demoted and Terminated

View previous topic View next topic Go down  Message [Page 1 of 1]

Sales Mom


Arresto Menor
Last December 2015 I was given an option by my Division Manager to step down on my position as an Area Manager to Sales Executive position.
This option was given to me due to since I may not be able to hit my sales area quota for the next quarter and might be terminated soon.
I was instructed to submit a Letter of intent for the sales excutive post but I didn't do it because I still want to regain my position.
I was forced to report to work as a sales executive come January without a specific job contract on my new salary and benefits.
They said there will be a contract to be followed, I just need to come to work daily. With all this predicament I started complaining with my Division Manager and mentioned to report to DOLE.
February I was given an instruction not to report anymore . I waited for calls for their resolutions but to no avail.
3 months after I just received a letter from my old address that I need to attend an admin hearing which I failed to attend to.
Just recently I called the HR and said I was already Terminated.

Question :
1. Shall I file a lawsuit ?
2. What are the cases than I can file ?
3. What are the process that I need to do?
4. Can you please recommend a lawyer?

Thank you so much <3

View user profile

HrDude


Reclusion Perpetua
(This is only according to the facts that you presented)

1. NONE, in the first place, you were not terminated. There is no document ordering you that you are so.

NOTE: Demotion is a valid prerogative of the Management and, as long as it is in good faith, it is LEGAL.

2. NONE yet, you should verify first if you are really terminated. Ask for the document stating that you are terminated.

If you are only verbally told not to report for work, you should have continued reporting for work. As long as there is no document to show that you are forbidden to report for work or Terminated from employment, then you are considered as an ACTIVE employee.

3. Verify the status of your employment.
NOTE: You were also given a notice of admin hearing, you should attend that.

4. Go to PAO.

View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum