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ILLEGAL TERMINATION

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1 ILLEGAL TERMINATION on Thu Jul 26, 2018 10:35 am

Reyver Cris

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Arresto Menor
Hi Lawyers,

I filled a case in NLRC to my employer for illegal termination and without giving separation pay, last pay and other benefits. It is stated in our contract that I am an independent contractor but I have solid proof that there is an employee employer relationship because of the element of control such as mandatory time in and time out. task are directly given to us from our boss. etc. When I filled in NLRC my employer did not show up during the first 2 session in SENA. so I'm forced to file the case. We already had our first Hearing Conference and they denied for employee employer relationship and in the end the judge requested to them company documents for the next hearing. Our next and final hearing is this coming Monday and my company lawyer called me saying that they want to settlement they offered me with 10,000 Pesos at first then I did not accept it so they raised it to 20,000 . I told them that I will just think about it first. The lawyer also said to me that it is better for me to accept it because if I continue the case they will file for appeal and even if I win it might take 4 years and I can only get 40,000 - Lawyer's fee. I wan't to ask some advice to you guys if I should accept it or should I fight it in NLRC this coming Monday. can they really file for appeal if they lost in NLRC? how much can I get from them? can they also pay for damages?

I hope you can help me,
Thanks.

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2 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 10:41 am

Patok


Reclusion Perpetua
How many years were you employed? How much is your monthly salary? Multiply that on the number of years, How much is your last pay and other benefits that you did not get? How much did you pay your lawyer? How much is your out of pocket expense already since you file the case? Add it all up and ask for that as settlement.

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3 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 10:48 am

Reyver Cris

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Arresto Menor
What if they don't want to pay that amount and decided to fight the case? Is it a good idea? how long will the case take? Can they file for appeal even if this is a labor case? Sorry I have lots of question please enlightened me. Sad

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4 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 10:51 am

Patok


Reclusion Perpetua
it's up to you.. yes they can file an appeal, that's their right.

ask for that as settlement, see what's their reply.

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5 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 10:57 am

Reyver Cris

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Arresto Menor
So what will happen if they file for appeal? what will be next? then after that if they file for appeal again?

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6 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 11:00 am

Patok


Reclusion Perpetua
they can go up as high as the supreme court..

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7 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 11:07 am

mikos23

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Reclusion Perpetua
your lawyer is right, it will take years, maybe more than 4 years to finish this case. if they lose they file an appeal, if you lose, you file an appeal.

you need to take into consideration the factors that will happen during this case. i.e.
how many times you need to absent during those years so that you can attend the hearing (loss of income because you don't have a leave credit yet), how much will you spend for those hearing (transportation, lawyers appearance fee, food, etc). how about your current employer learning that you have an ongoing case against your previous employer, how would they take it.

hope this helps

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8 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 11:16 am

Reyver Cris

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Arresto Menor
Thanks Mikos. Actually it's their lawyers who told me that. Their lawyer also told me that their is no damages for a case like this. is it true that if I continue to fight with this case and I win that they can't pay for damages?

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9 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 11:18 am

Patok


Reclusion Perpetua
only the court can say if they can include damages or not..

I suggest you talk to them and settle for a favorable amount.

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10 Re: ILLEGAL TERMINATION on Thu Jul 26, 2018 12:05 pm

Reyver Cris

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Arresto Menor
Thank you so much Patok.

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