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Illegal dismissal

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1 Illegal dismissal on Tue Sep 26, 2017 6:59 am

joannelazaro


Arresto Menor
Hi po, i hope someone can give me an advice here.i was working in a company where we have an employees from an agency. There was this clerk who happens did not report to work on the said schedule now their teamleader has requested to blacklist the clerk and was able to send it to the agency and to the District Coordinator of the company.Now the clerk was putting the blame on us for humiliating him and said he will file a case against us because the has been sent to other branches which we do not know it was because we are just requesting. As a regular employee of the company he was blaming me for putting him into humiliation which i dont know it was been sent to the branch He said he will also file a case against our other superior. What should I do? Please help

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2 Re: Illegal dismissal on Tue Sep 26, 2017 7:16 am

mikos23


Reclusion Perpetua
There is nothing you could do because he is an employee of the agency, the agency is responsible for him. All you could do is put a record somewhere about his attitude and if there is a background investigation about his performance, you can bring it up to him.

Btw, since he's an agency employee, he cannot file against you in labor.

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3 Re: Illegal dismissal on Tue Sep 26, 2017 7:28 am

joannelazaro


Arresto Menor
Thank you sir @mikos23. His sister was working on a law firm as a secretary un po ung sinasabi nila illegal daw po ung pagkakadismiss s kanya. Ung email po incident report lang cya ng nangyari and nirerequest plang cya n mablacklist. As the superior daw po from the company liability ko daw po yun?we want a settlement from them pero nagrerefuse cla and yung agency daw po labas s case nia kc smen daw po nanggaling ang email. Maraming salamat po

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4 Re: Illegal dismissal on Tue Sep 26, 2017 2:07 pm

mikos23


Reclusion Perpetua
Question, did you email the employee or the agency about "blacklist"

Remember, if he is an employee of the agency, what you should do is report the performance of the employee to the agency and the agency is the one who will take action on this matter. there is no illegal dismissal since he is not your employee. If the agency state na labas sila sa case, then you should think again if you want that agency to be retained. its their employee and they should front for you in court that the company (you) have no say in their decision to remove the said employee.



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5 Re: Illegal dismissal on Tue Sep 26, 2017 2:22 pm

joannelazaro


Arresto Menor
Atty ung report po ginawa ng teamleader pra s agency at cc copy po ang company district coordinator,ung compny district coordinator n nman po naisend ung request ng teamleader sa all branch ng company kaya kame daw po ang kakasuhan.Yung request po ng agency teamleader hindi nmn din po niresponse ng msmong agency nila.

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6 Re: Illegal dismissal on Tue Sep 26, 2017 2:26 pm

joannelazaro


Arresto Menor
Things are getting complicated atty, and sobrang sakit na po niya sa ulo since ung agency mismo sinasabing hndi daw po sila issama nung complainant s case kc un daw sb ng complainant. Ung agency hindi naman din cla nkikipag coordinate samen regardng the case. Salamat po atty.

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7 Re: Illegal dismissal on Tue Sep 26, 2017 2:31 pm

lukekyle


Reclusion Perpetua
it doesn't matter. Sa mediation meeting palang, pag naestablish na hindi nyo sya empleyado tapos na ang kaso sa nlrc

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8 Re: Illegal dismissal on Tue Sep 26, 2017 2:37 pm

joannelazaro


Arresto Menor
Maraming salamat po s inyo sir @lukekyle feelin ko po magpapa chackup nko sa cardio e kc napaka bago lang po sa akin ng bagay na ito at ung kaba ko po hindi nawawala kasi bukod sa abala kakapromote lang po sken tapos ganito pa. I was just the assistant manager pero ung manager mismo hnd nia kakasuhan just me and the area manager.

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9 Re: Illegal dismissal on Tue Sep 26, 2017 2:44 pm

lukekyle


Reclusion Perpetua
personal? baka hindi labor case yan

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10 Re: Illegal dismissal on Tue Sep 26, 2017 3:08 pm

joannelazaro


Arresto Menor
Un nga po atty luke kyle ang iniisip ko e if it was just me the assistant,the teamleader and my area mnager ang kakasuhan nia were is the justice with that and i think it was really personal. Right po atty luke?

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11 Re: Illegal dismissal on Tue Sep 26, 2017 3:57 pm

lukekyle


Reclusion Perpetua
i meant to say personal/individual case ata ito if hindi sya labor case then pwede nya kayo kasuhan even if hindi nyo sya empleyado.

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12 Re: Illegal dismissal on Wed Sep 27, 2017 6:08 am

joannelazaro


Arresto Menor
Atty lukekyle?? Do u mean po moral damages?? Because of the email that has been sent to other branches??

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13 Re: Illegal dismissal on Wed Sep 27, 2017 7:32 am

mikos23


Reclusion Perpetua
ano content ng email, is it a report lang to all branches that the employee is blacklisted? so there is no humiliation, unless there is some derogatory remarks about the said employee. also how did the employee know what is the content of the email?

If he filed a labor case, it won't be against you, it will be against the company. but you can easily proved that he is the employee of the agency so no case at all.

If he file a civil case, that is another issue.

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14 Re: Illegal dismissal on Wed Sep 27, 2017 7:36 am

joannelazaro


Arresto Menor
Thanks @mikos23
The report was only a request to blacklist and stating the incident of what happened.
He was saying he was been humiliated because of the email was it moral damage for another case po? Thank u po

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15 Re: Illegal dismissal on Wed Sep 27, 2017 7:40 am

joannelazaro


Arresto Menor
The agency did not grant the request and just talk to him. The agency was giving him another branch since we issued a clearance that he can transfer to other branch at first it was ok for him but suddenly the table turns and instead he will just file a case against us.

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16 Re: Illegal dismissal on Wed Sep 27, 2017 9:00 am

mikos23


Reclusion Perpetua
I don't see any moral damage since it was only a report.

and how can he state that he is humiliated unless he has a copy of the email that can prove otherwise.

Anyway, don't worry about this as being a labor case, the agency should be the one handling this and not you


joannelazaro wrote:Thanks @mikos23
The report was only a request to blacklist and  stating the incident of what happened.
He was saying he was been humiliated because of the email was it moral damage for another case po? Thank u po

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17 Re: Illegal dismissal on Wed Sep 27, 2017 9:06 am

joannelazaro


Arresto Menor
Sir @mikos23 he keeps on telling us that he has a copy given by him from other branch, was it legal? If he really has a copy of it was it legal? Sabi nia bigay daw po ng kaibigan nia galing sa ibang branch.



Last edited by joannelazaro on Wed Sep 27, 2017 2:17 pm; edited 1 time in total

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18 Re: Illegal dismissal on Wed Sep 27, 2017 9:15 am

joannelazaro


Arresto Menor
Im really really sorry po at nagpapasalamat talaga ako sa mga sahot nio saken, feeling ko po kc mahirap ung kalaban namin kasi may kapatid cyang s law firm nag wowork e ako n ndadamay din single mom of 2 kids kaya gusto ko po talagang malinawan. Paaensya na po kayo. Maraming maraming salamat po

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