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File a case or not?

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1 File a case or not? on Mon Feb 14, 2011 1:12 am


Arresto Menor
Seeking for legal advice. I was recently dismissed by my employer, a multi- national company. I feel that my dismissal was not justified. No meeting took place regarding my dismissal as the letter was sent to my residence. This was due to an audit done with my department. All findings were procedural in nature. the company hasn't contacted me since i received the dismissal.
Should I file a complaint or a case? I'm really confused.

- department was audited
- staff cooperated by providing documents related to our work
- received a show-cause memo to explain audit findings in writing
- findings were procedural in nature in reference to a particular guideline
- was not allowed to go to work due to preventive suspension
-saw the guideline for the first time (attached to the memo received)
- explained in detail all allegations except for general allegations.
- requested for details of general allegations to answer them properly.
- received requested details after a few weeks
- replied and submitted 2nd batch of explanations
- explanations were strong and supported with documents
- after waiting for 2 months, received dismissal notice through registered mail
- content of letter was "explanations unaccepted", thus you are dismissed immediately
- no advise received after 2 weeks.

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2 Re: File a case or not? on Mon Feb 14, 2011 6:37 pm


you were preventively suspended for more than 30 days? if no administrative hearing was conducted then there was a procedural flaw in your dismissal.

after the notice that you are terminated, there will no longer be any further notice.

if you wish to contest your termination, the remedy is to file a complaint at the nlrc.

i would not focus on the procedural aspect of the termination, but on its basis. good luck. if you need more info, send me an email.

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3 Re: File a case or not? on Tue Feb 15, 2011 11:57 am


Arresto Menor
Yes atty., prev suspension lasted for 75 calendar days. But payroll was reinstated after 30 days. No call from hr on next steps (eg clearance,retrieval of personal belongings etc).
Not even an invitation to discuss and defend my case through a panel was done. To cap it all, my colleague received the same treatment with a similar case.
Yes sir additional info would help.

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