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Quit claim

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1 Quit claim on Tue May 24, 2011 10:03 pm

boom101


Arresto Menor
Atty,

Good day to you again! I resigned from my work last week and filed a case sa NLRC against the employer due to constructive dismissal. Our first hearing is on June 9. The office has not received the subpoena yet. The back pay was given yesterday and I was not able to sign the quitclaim form because the HR was busy. Now, they are asking me to come back to the office to sign the quitclaim.

As stated in the quitclaim:
"it says that you waive any claims against the company.you waive any claims against the company"

Question po:

1. Is it okay to sign the quitclaim kahit po nakapag file na ako ng kaso sa NLRC?
2. Will the company take it against me or file a case against me for refusal to sign the quitclaim because of the case I filed at the NLRC?
3. Ma wawalang bisa po ba ang case na na i-file ko sa NLRC kapag pumirma po ako sa quitclaim?

Thank you.

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2 Re: Quit claim on Tue May 24, 2011 11:27 pm

attyLLL


moderator
that quitclaim will definitely be used against you in your complaint.


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3 Re: Quit claim on Wed May 25, 2011 8:43 am

boom101


Arresto Menor
Atty,

thanks for your reply.
The company keeps on calling me to sign it today.

Okay lng po ba na hndi ko pirmahan ang quitclaim?

Can it still be used against me even if it is unsigned? Like filing ng kontra demanda dahil sa hndi pag sign?

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4 Re: Quit claim on Thu May 26, 2011 5:15 pm

attyLLL


moderator
argue that the quit claim was not a legal precondition to receiving your rightful last salary, otherwise it's their fault that they waived their right. at the mediation conference, say that you'll return the money if the arbiter orders it.


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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: Quit claim Today at 11:57 am

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