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Illegal Dismissal with Money Claims

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1 Illegal Dismissal with Money Claims on Mon Apr 23, 2018 11:57 pm

MarcFrances


Arresto Menor
Tanong ko lang po sana regarding Illegal Dismissal with Money Claims. Aside po sa back wages, separation and attorneys fee. May right po ba ako mag claim ng moral and exemplary damages. I was asked by the management if mag kano ba hinihingi ko for possible settlement baka mag ka meet kami halfway. Hindi ko alam ang sagot if mag kano ba dapat hihingin kong amount for the damages na it cause me. Please help. Thank You.

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2 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 6:40 am

Patok


Reclusion Perpetua
it depends sa amount involved.. how much is the back wages/separation pay/attorneys fee?

usually yung arbiter ang nag se set kung magkano ang damages na pwede mong i claim.. usually within 10T to 20T pesos.

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3 Illegal Dismissal with Money Claims on Tue Apr 24, 2018 7:55 am

MarcFrances


Arresto Menor

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Last edited by MarcFrances on Tue Apr 24, 2018 11:44 pm; edited 1 time in total

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4 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 8:04 am

Patok


Reclusion Perpetua
Keep in mind that they will not give that amount, they might try to meet you in the middle. So I suggest go and start your negotiations with 500T and go from there.

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5 Illegal Dismissal with Money Claims on Tue Apr 24, 2018 8:29 am

MarcFrances


Arresto Menor


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Last edited by MarcFrances on Tue Apr 24, 2018 11:42 pm; edited 1 time in total

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6 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 9:52 am

HrDude


Reclusion Perpetua
Pwede. By all means pwede ka magdemand kahit 100M pa yan. Just as long you have legal basis in asking any amount.

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7 Illegal Dismissal with Money Claims on Tue Apr 24, 2018 10:04 am

MarcFrances


Arresto Menor

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Last edited by MarcFrances on Tue Apr 24, 2018 11:44 pm; edited 1 time in total

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8 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 10:13 am

Patok


Reclusion Perpetua
if your company is willing to settle then explore that option.

ano bang summary nang complaint mo?

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9 Illegal Dismissal with Money Claims on Tue Apr 24, 2018 10:16 am

MarcFrances


Arresto Menor

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Last edited by MarcFrances on Tue Apr 24, 2018 11:43 pm; edited 1 time in total

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10 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 10:36 am

lukekyle


Reclusion Perpetua
would you care to post here yung termination paper? Para lang makita kung anong basis bakit sinabi sa nlrc na legal ang pagkaterminate mo.

Yes people at nlrc are pro labor, meaning if merong grey area ay papanigan nila ang side ng employee. if sila ang nagsabi na wala kang laban, malamang sobrang glaring yung rason/ebidensya ng employer

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11 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 10:39 am

lukekyle


Reclusion Perpetua
please blackout your name and employer if you do decide to post it. just to protect your identity

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12 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 10:51 am

MarcFrances


Arresto Menor
ok po. e edit ko lang yung termination letter. salamat

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13 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 11:27 am

Patok


Reclusion Perpetua
so malinaw walang due process? walang hearing and notice?

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14 Illegal Dismissal with Money Claims on Tue Apr 24, 2018 11:35 am

MarcFrances


Arresto Menor

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Last edited by MarcFrances on Tue Apr 24, 2018 11:43 pm; edited 1 time in total

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15 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 12:37 pm

lukekyle


Reclusion Perpetua
before ka ni suspend, tinanong ka ba kung ano ang nangyari or binigyan ng nte?

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16 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 1:23 pm

MarcFrances


Arresto Menor
ano po yung nte? pinagawa naman ako ng explaination letter.

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17 Illegal Dismissal with Money Claims on Tue Apr 24, 2018 1:33 pm

MarcFrances


Arresto Menor


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Last edited by MarcFrances on Tue Apr 24, 2018 2:21 pm; edited 1 time in total

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18 Illegal Dismissal with Money Claims on Tue Apr 24, 2018 1:34 pm

MarcFrances


Arresto Menor


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Last edited by MarcFrances on Tue Apr 24, 2018 2:23 pm; edited 1 time in total

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19 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 1:51 pm

mikos23

avatar
Reclusion Perpetua
MarcFrances wrote:ano po yung nte? pinagawa naman ako ng explaination letter.

Process of Disciplinary Action
1. NTE - Notice to Explain.
- were you given a memo stating the charges they made against you and what you have violated in the code of conduct and were you given 5 days to explain?
2. NoD - Notice of Decision, which is the termination letter that you have received.

If you were not given an NTE, and you were not given 5 days to explain, they were in violation of the process for termination.

Regarding your 30 days suspension, this is called preventive suspension, which you will render after receiving the NTE. Preventive suspension is usually given to employees who are threat to company property and threat to people. in your case, you are a threat to their property.

Regarding your termination letter, IMO, the termination is valid.

Hope this helps

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20 Re: Illegal Dismissal with Money Claims on Tue Apr 24, 2018 2:05 pm

MarcFrances


Arresto Menor
Salamat po sa lahat ng reply. naka tulong po ito sa akin ng marami.

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