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

Confession of employee who filed illegal dismissal but went AWOL

View previous topic View next topic Go down  Message [Page 1 of 1]

minichamps


Arresto Menor
My staff who filed illegal dismissal, non payment of salary asking for atty's fee confessed infront of the police during our meeting that he was not terminated. He went for a day off and never come back. The cops was able to recover my business documents and files that he took from the shop. Can i use this as evidence plus the previous co
Plaints i have prior to him filling a labor case that we have money missing and stocks. We have written testimony from somebody that he have my business documents that's why we were able to recover it today. All his accusations were not true and i can prove it since he signs every payday.
What case can i file against him for taking company documents and saying bad things about me and the company. I have witnesses that can prove it.



Last edited by minichamps on Mon Aug 15, 2011 9:27 pm; edited 1 time in total (Reason for editing : Additional info)

View user profile

attyLLL


moderator
but after these events, did you follow proper procedure to terminate his employment? you gave him a notice to explain, a hearing and a termination letter?


_________________
[i] Visit our FB Page: BPO Employee 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

minichamps


Arresto Menor
I never terminate him, he went for a day off and never came back. We waited and at times one of my shop will close cause i dont have staff. During the inventory and the cash shortage i hold a meeting and asked for a letter of explanation they only texted me. After a month things didnt change he was the only one at the shop missing stocks and missing money since we are using POS i had to close the shop and just transferred him. Then same thing happened to the other branch and he just left. Woth him he took company documents and impt papers. Business permits, bank authorization and my ordeal had began people say i am borrowing money or opening up shop and putting my shop as collateral wherein i dont. Until one witnessed showed up and told me who have my documents and cops asked him to give it back and they went to their house. Then he afmitted he was not fired and was just scared to come back to work.

View user profile

attyLLL


moderator
i recommend you take the position that he has not been prevented from returning to work and he is still considered an employee on awol status. if you take the position that he has been terminated, it will be your burden to prove that it was done under a valid procedure and a valid purpose.


_________________
[i] Visit our FB Page: BPO Employee 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

minichamps


Arresto Menor
Thanks atty. Case is now dismissed since he didnt attend 3 hearing. I will mail
Him a letter asking for an explanation but if he dont reply can i send a termibation letter. Its been 3 months that he have not shown to work. My inventory and cash is ok niw but during the time he is the cashier stocks and a huge amount of cas is missing. And he is the only one there. I want to file a case for this and at the same time for taking my documents. He never signed any contract and i waited for gim to come back. He never replied to my texts and i dont know where he lives cause he took all employees documents together with my other files. I hope u can advice what to do cause at times my shop is close cause no staff and i need to hire already. Thanks

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

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