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Employment Bond and "Just Cause" Definition

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1 Employment Bond and "Just Cause" Definition on Fri Aug 12, 2011 10:59 pm


Arresto Menor
Hi guys, I would like to seek your advice regarding my current problem with my last employer. They refused to release my final pay of 57,000 because according to them, I did not honor the 1 year bond worth 100,000 that I signed. Instead, they want me to pay 43,000. Now I have some questions:

1. I resigned because of I was given a Not Fit to Work Certificate by the company's very own accredited clinic and HMO provider. I have a severe case of hypertension and hernia. Is resignation due to poor health condition considered "without just cause"? The HR Manager and the Operations Manager accepted the resignation without any issues, so I was surprised that they would not release my final pay and even made me liable for the bond.

2. I never had any kind of training with the company. Does this have a bearing on their claim for me to pay the bond?

3. They put my salary and commissions on hold when I was still very much employed with them, and in fact in the middle of an HR-approved medical leave. I filed a Temporary Disability Leave for 20 days that was approved by HR. But they held my pay on the very same cut-off. Does this make them guilty of any violation?

4. My contract indicated that I was going to have a performance evaluation on my 3rd and 5th months. The management seemed to have forgotten to conduct the 2 evaluations. 3 days before my 6th month (regularization), the Regional Manager wanted me fired because of my poor attendance for the month due to my illness. The dismissal didn't happen, instead, they forced me to write a letter requesting for an extended probation of 1 month. Does this make them guilty of any violation?

I am planning to take the case to court and I would like to know if I have something to fight for. Thank you very much!

Last edited by ticklemypickle on Fri Aug 12, 2011 11:03 pm; edited 1 time in total (Reason for editing : Typographical Error)

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i do recommend you file your complaint at the nlrc. this employment bond issue has not been resolved by the supreme court, but in your case, i don't believe it's valid to enforce it under the circumstances

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