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QUALIFIED THEFT

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1 QUALIFIED THEFT on Wed Jun 27, 2018 4:48 pm

madara012


Arresto Menor
i was caught with tampering my receipts i was the cashier of a towing company i admitted my fault when they called me on my day off not knowing of what will happen they threaten me to file a case of qualified theft if i don't sign the statements they asked of me as i stated i tampered some receipts amounting to almost P 17,000.00 now they are asking me around 200K for settlement or they will file a case on me i dont have that much money i cant produce that amount on settlement
Im asking for advise i worked for them for more than a year but i didn't sign any employment contract

1. No Employment Contract they didnt let me sign a contract on working am i considered an employee or not (if im not considered employed to them is it still qualified theft or reduced to theft)
2. No Operating Procedure
3. No Due Process i was accused without proper investigation or incident reports
4. Illegal dismissal i was terminated the day they questioned me inside the office without proper investigation

i am planing to bring this in NLRC
issues:
no issued uniforms
no issued ids
salary is mostly late sometimes half only
and others stated above

what is my best choice here need help thx for the answers

note: i was advised by friends to already file a complaint on them on NLRC

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2 Re: QUALIFIED THEFT on Thu Jun 28, 2018 7:09 am

mikos23

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Reclusion Perpetua
even if you don't have a signed contract, once you have worked for them and you are under their payroll, and you or they can produce proof of payment of wages, you are their employee.

being sued for qualified theft or theft does not need proof of your employment. it just needs proof that you had stolen something from them.

the should have accorded you due process. due process is give you a notice to explain for what you did, you submit your explanation and notice of decision or termination. since this is a theft case they can put you under preventive suspension. without this you can file an illegal dismissal case in nlrc.

the other issue you stated like uniform and id, its not mandated so not much of an issue. getting half salary is an issue.

if you want to file a complain go for illegal dismissal because no due process was done. however, this does not delete your record with them. for future reference, if other company do a background investigation with this company, chances are you will not be hired.

hope this helps.

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3 Re: QUALIFIED THEFT on Thu Jun 28, 2018 2:49 pm

madara012


Arresto Menor
mikos23 wrote:even if you don't have a signed contract, once you have worked for them and you are under their payroll, and you or they can produce proof of payment of wages, you are their employee.

being sued for qualified theft or theft does not need proof of your employment. it just needs proof that you had stolen something from them.

the should have accorded you due process. due process is give you a notice to explain for what you did, you submit your explanation and notice of decision or termination. since this is a theft case they can put you under preventive suspension. without this you can file an illegal dismissal case in nlrc.

the other issue you stated like uniform and id, its not mandated so not much of an issue. getting half salary is an issue.

if you want to file a complain go for illegal dismissal because no due process was done. however, this does not delete your record with them. for future reference, if other company do a background investigation with this company, chances are you will not be hired.

hope this helps.

thanks sir i already consulted my attorney and head to the DOLE on my region and we gonna file the case on NLRC the DOLE head in my region said to me that i have a huge fight in this
mental damages sometimes i cant sleep thinking
illegal dismissal without due process
no benefits
they said the case might take 1 - 2 years but be strong and have this u can also get settlement from them

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4 Re: QUALIFIED THEFT on Thu Jun 28, 2018 2:51 pm

madara012


Arresto Menor
they also told me to head to SSS, pagibig and phil-health to file case on working without benefits

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5 Re: QUALIFIED THEFT on Wed Jul 04, 2018 4:37 am

jhoy jhoy


Arresto Menor
Hello po gusto ko lang po humingi ng advice regarding po sa kaso ko.qualified thief.2016 po ako kinasuhan naka pag file po ako ng counter affidavite pero di ko po na attend lahat kasi from bicol to quezon city hall po yun byahe.then june 2017 dumating po yun subpoena ko sa province.nasabi lng po sa akin last june nandito po kasi ako sa manila then last September po last year nag bayad po ako true bpi sabi po ng complainant I drop na nya yun kaso pero kailangan daw pumunta muna ako sa rtc para mabasahan bago iurong ang demanda.may question po is makukulong po ba ako habang prinaprocess yun pag urong ng complainant ng kaso ko? Salamat po.

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6 Re: QUALIFIED THEFT on Wed Jul 04, 2018 8:04 am

mikos23

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Reclusion Perpetua
wag mo idagdag ang tanong mo dito kung gagawa ka ng sarili mong topic.

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