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RESIGN OR FILE A CASE???

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1 RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 2:32 pm

melle17


Arresto Menor
Dear Atty,

I have been working for this company since Feb, 2010 first for position X which ended last Sept 30, 2010 because I did not get along well with my superior.

They transferred me to another company effective Oct 1, 2010 with a contract of 3 mos under probationary status. After the probationary period ended, I have been constantly following up my status but they gave me no reply.

Come April 25, 2011, the HR manager summoned me and informed me that the owner of the company is not happy with my services anymore and that they want me out of the company. The HR mgr offered to give me one week as she will find me another job but after a week we talked again and I said that I will not accept other job offers she can find for me. I asked for the notice they will give me since they want me out already. She said that the termination of the contract should come from me, in short she wants me to resign and she offered me one month salary to help me financially. I did not agree to resign and demanded her to just give me the notice of my termination. She said that she will have to collect my performance appraisals first and other evaluation documents before she gives me my notice of termination. I agreed and continued working even if I was aware that they have already hired a replacement for my position.

Last Thursday, June 2, the HR manager called for me again and said that my replacement is already on board the company and that they will be giving me 30 days notice for my termination since I do not wish to tender my resignation. She offered to negotiate with me for a graceful exit where I have to tender my resignation effective 30 days after date of receipt and she will ask the company to give me the one month salary “financial assistance” as what she called it. In my depression and frustration, I said that OK I will resign but I asked for 5months salary instead of the 1month she is previously offering. She haggled with me and bargained for three months salary instead.
Questions:
1. Shall I accept the 3mos offer and tender my resignation?
2. If I refuse the offer and file for a case at NLRC what case shall I file and what are my chances?

I hope you can help me on the above queries. Thanks in advance!

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2 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 2:42 pm

council


Reclusion Perpetua
Question -

Do you still want to work for that company? If Yes, why?


If I were in your shoes, I'd take the money and go.
If you file a case for illegal (or constructive) dismissal, you may have no proof to substantiate it without a termination letter from them.

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3 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 2:54 pm

melle17


Arresto Menor
Thanks Council..

In truth, I am no longer interested to work in the company because of how I was treated.

If I refuse to cooperate with them by tendering my resignation, they will be forced to issue a termination letter as what the HR manager told me because they already hired somebody to replace me. If this happens, will I have a better chance when I file a case at NLRC?

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4 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 5:43 pm

melle17


Arresto Menor
any other advice pls???

help anyone?

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5 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 8:52 pm

melle17


Arresto Menor
BTW I also would like to mention that I have found out that this company has a lot of pending cases against them at NLRC.

They have policies regarding employment status which are not according to labor code. I really would want all these to end so that in the future they will not do to other employees what they have done to me.

Please help me to decide... thanks

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6 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 9:11 pm

Pilipinoako


Arresto Menor
hi melle17, actually we do have almost the same situation now. please let me know if there is already somebody who help you regarding this. i am also seeking help.

my french boss, ask me to read the termination letter dated June 7, 2011. that is the decision they had after our admin hearing last monday. good for you because they are offering you financial assistance, because my french boss only offer me my last pay. i think we really need to consult somebody who can really help and enlighten us in this kind of situation. i also want to know if i will resign as what my french boss ask me to do, because he told me that if i will not resign he will release my termination letter to me. Goodluck to both of us. God bless

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7 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 9:20 pm

melle17


Arresto Menor
hi there pilipinoako,

that's my problem, I don't have somebody to help me on this dilemma. I'm totally confused if I should take the money and just resign. Deep in me I want the company to get what they deserve and that is by filing a case against then but without someone to help me I really can't decide.

Good luck to us and really may God help us get what is due to us....

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8 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 9:27 pm

Pilipinoako


Arresto Menor
sis, have you already tried to call or seek advice to NLRC? try also to seek advice to them. thats what i will do tomorrow since i cannot have legal advice right now.

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9 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 9:29 pm

attyLLL


moderator
melle, i would also recommend to take the money and go on your own way. that's 1 mo notice plus 3 mos separation. that's 2 months more than what you would be entitled to if you were given separation pay since you've been working there for just 1 year 3 mos.

i can understand your anger, but going on a just crusade is less fulfilling than you believe it to be. be prepared for hearings and litigation for several years if you are going to fight this out.


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10 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 9:31 pm

attyLLL


moderator
pilipino, why are you being terminated?


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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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11 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 9:45 pm

Pilipinoako


Arresto Menor
melle17 try to weigh all the advices you recieve... after that it's time for us to forgive, forget and move on. me i work with my employer for 2 years and 6 months now but they dont want to give me separation pay. Pray and i know God will help us decide on what is best for us.

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12 Re: RESIGN OR FILE A CASE??? on Sun Jun 05, 2011 9:53 pm

Pilipinoako


Arresto Menor
attyLLL, its because of my 1 day attendance.

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13 Re: RESIGN OR FILE A CASE??? Today at 11:40 pm

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