Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

resignation due to acts of dishonesty

Go down  Message [Page 1 of 1]

1 resignation due to acts of dishonesty on Tue Jul 05, 2011 10:11 am


Arresto Menor
Good day, I used to be the operations manager from one of the logistics co. in the country for almost 16 yrs. Unfotunately, during my last 2 yrs I was involved in a payroll padding that amounted to about 600K. I admitted this to my mgt.,explained to them why I did these and where it was used and was not issued a suit.My explanations did not merit their understanding so hey deducted from my salary and allowances the said amt every month without seeking my clearance. Since I know my sin, i thought this was their way of punishing me and would therefore be forgiven. Last Sept 2010, i submitted my resignation with the 30 days notice knowing that i have already settled most of the amount. Since my relationship with my employer was not healthy anymore, they accepted my resignation at bad fate. During my exit interview, they informed me that they should have filed a case against me for such wrongdoings.But since I was an instrument in putting up the company and leading it to succeed for the last 16yrs, they decided not to, but i will not be given an employment certificate nor a clearance. Luckily, after a month, I was able to get a job. After 3 mos. of working in this co., I received a notice to explain why I was not able to submit a clearance from my previous employer as well as an employment cert.I talked to the HR mgr and explained to her the real reason. I was then advised if I will not be able to submit these requirements after 5 days, my employment will be null and void. Immediately, I talked to my previous employer thru the HR requesting for a COE and Clearance. It was to my disappointment that they are not willing to give to my request. If I insist, they will send my COE and clearance to my current employer stating all my wrongdoings. I later found out that my previous employer discovered where I was working now and emailed to the HR mgr my profile. Thus, I was not regularized or was advised to submit a resignation for failure to submit the requirements. My questions is , what is best for me to do, as I am in search for a job right now and my fear is that this previous employer of mine might repeat the same thing again? Do I have a legal right to demand for a COE despite my predicament? Does my previous employer have the right to file a criminal case against me after all they said they would not during the exit interview? Please help as I am in dire need to get a job and have already learned from my mistakes.Thanks

View user profile

2 Re: resignation due to acts of dishonesty on Tue Jul 05, 2011 6:07 pm


unfortunately, there is no legal right to a certificate of employment and clearance.

if you've settled your obligations, you can claim that as a defense against an estafa case.

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
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.
View user profile

3 Re: resignation due to acts of dishonesty on Wed Jul 06, 2011 11:38 am


Good for you that they did not sue you. Do not ask for COE and clearance as you are fully aware of your fault. Painful lesson indeed but you have to bear with it.

To start a new slate. You can consider applying for a job where previous employments do not really matter (usually a low rank position) and hope they wont ask about it soon. If admitted, keep mum on your previous employments then show them that you are an honest and diligent man (reformed actually) until you will be able to climb the ranks again. By then, maybe they can ignore your past mistake with your old company because they have seen a lot of your honesty and fairness already.

Better still, start a small business of your own if you still have some money so you wont have to submit your resume to anyone.

God bless you and may the lesson of the past be not lost. Share it to your children - and to younger employees you encounter - advising them not to follow suit. Honesty is more rewarding in the long run. Its effects can be felt even in life hereafter.

View user profile

Sponsored content

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum