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Illegal Dismssal filed by employee

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1 Illegal Dismssal filed by employee on Thu Mar 31, 2011 2:23 am

church


Arresto Menor
Good Day,

Question lang po about sa sinampang kaso samin ng employee namin which is illegal dismissal. at humihingi ng seperation pay for 15 years of service with 11,000 monthly salary.

tinangal namin ang driver namin with valid reason and with evidence sa barangay na nasangkot siya sa away sa oras ng trabaho at lasing din.. nalaman din namin ang pag kuha nya ng pang gastos sa pang gasolina at tollgate ng sasakyan. madami din siyang kaso ng disrespect at misconduct.

ang mali lng namin dahil sa nature of business namin hindi kmi nag bigay ng notice of terminaton dahil tindahan/retail store lng sa palengke ang business namin may 8 employee lamang at samin din nakatira.. wala dn kaming records of contract dahil usually verbal lang ang aming transaction.

Wala pang 3 lingo ay nag sampa na sya ng kaso ng illegal dismissal. nagkipag usap na po kami sa labor arbiter para sa kanyang seperation pay pero ayaw nyang pumayag sa offer namin na 40 thousand ang gusto po niya ay 80 thousand hinihingan na po kami ng position paper..

kung sakaling ilaban namin ang kaso may chance po ba na hindi sya mabigyan ng seperation pay o mabawasan ang kanyang makukuha? dahil may grounds naman ang dahilan ng kanyang pag ka terminate..


Maraming salamat po..

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2 Re: Illegal Dismssal filed by employee on Thu Mar 31, 2011 6:22 pm

attyLLL


moderator
assuming that you can prove that there are grounds for dismissal, he will still be entitled to nominal damages of P30,000.00

if you lose, you will be asked to pay backwages AND separation pay (if that is what is prayed for).

if the sheriff cannot find properties in the name of the respondent, then it will be difficult to execute any award.


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3 Re: Illegal Dismssal filed by employee on Thu Mar 31, 2011 11:28 pm

church


Arresto Menor
Sir Thanks for the immediate reply

follow up question lng po ung nominal damages po ba ay constant na P30,000? hindi ba na ito ma babawasan or madagdagan..

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4 Re: Illegal Dismssal filed by employee on Sat Apr 02, 2011 12:45 am

attyLLL


moderator
that is the current rate set by the courts. it can change.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: Illegal Dismssal filed by employee on Sat Apr 02, 2011 12:03 pm

church


Arresto Menor
sir salamat po sa info

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