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.
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!