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Illegally dismissed, currently unemployed and husband is harrassed.

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isabele


Arresto Menor
Good day Atty.

Jan 2011, I was hired as VP-Operatons in a pharma retail company. The Chinese owner/president made it clear to all employees that its a one man rule. I felt there's too much politics so, i decided to finish the year '11 and look for another job come '12.
July 2011, he calls meetings without my department, issues statements saying my department is in big trouble, and worst calls on meetings and intentionally
neglects to invite my department to the point of transferring the venue of the meeting so my department cant attend.
All these fiasco blew my top. So one morning in July, I asked a store manager if she is willing to transfer to a competitor with a much higher pay together with me and 3 other top managers.

Apparently, the store manager which I trusted was a whistle blower and sold out our plan to the owner.

I was put under preventive suspension due to instigating other store managers to transfer to a competitor, shamed in front of my managers, those who gave their affidavit infavor of me were demoted, or threatened to suffer the same fate. 3 of the 38 managers they manage to issue an affidavit that I personally talked to them and encouraged then to transfer.
Finally I resigned before the hearing on why I should not be terminated concluded.

Month after month, the owner has been saying that I am employed with the competitor. He has been telling Salesmen that I did this and that. I went to file for my clearance but the owner said I owe him money.

Atty. currently I am unemployed and reviewing for a state board exam. I cannot study with all these harrassment going on.
3 months after, his nephew txted my husband that I should return a revolving fund amounting to 80T and that he will do everything in his power using money so I may never see the light of employment with any competitor.

Now, these are my questions:
1. I voluntarily resigned, because its very stressfull to be accused of treachery. Up until now they are
still claiming that I am working with their competitor. Infact im unemployed.
2. The owner accused me of owning money and his nephew has been texting my husband for payment. CAn anybody accuse you of such, given he is owner and rich?
3. They still owe me my 13th month,14th month, tax rebate and refund for liquidated revolving fund.
What should I do to claim this? I dont want to go to their office anymore.

Please advise.



Last edited by isabele on Thu Dec 08, 2011 12:01 am; edited 1 time in total

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attyLLL


moderator
you can make an argument that you were constructively dismissed because they made you stay unbearable to force you to resign.

or you can file a money claim at nlrc for your financial claims. i suggest you do so before they file a case against you.

you can also hire a lawyer to assist you and communicate with the company.


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isabele


Arresto Menor
Thank You very much Atty. This website has been very helpful. We non-lawyers knows little or nothing at all about our own laws / rights ( except the right to vote ). More power to all of you running this website.

Some doubts of mine Atty:
But there are complications if I go legal with them.
1. My husband is a salesmanager, this retailchain is his account. They could ask my husbands employer to harass him too or worst constructively dismiss him as well. We cannot afford that.

2. Atty, A am scheduled to take a state board exam in the U.S. Given that I go legal, will this not affect my application for visa?

3.Some of my previous colleagues are going to NLRC this friday because they too were not paid of their last pay/separation. They want it covered in the papers since one of them is now working in a local paper.Is this the only way to end their tyranny? I think this will only anger them.
Can we ask the law to issue some sort of a notice that they can no longer harass any of my love ones?

4. To satisfy their greed, what can I do to prove my self that I am not employed with any of their competitor? or does this still matter?
Atty, they are extremely rich. He bought affidavits via promising promotions. And threatened those that do not issue one.
Am I criminally liable for asking a fellow employee to apply with me to the other competitor?

I hope you can still spare a little time to answer my fears and doubts.

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attyLLL


moderator
i doubt it will affect your visa unless they are willing to spend to bring the matter to the other country.

you can ask a lawyer to send them a demand letter directing them to stop their harassment activities.

it is their burden to prove that you are employed at a creditor and it was not a crime to ask someone to go with you.


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isabele


Arresto Menor
Goodpm Atty,

Thank you very much for your reply.

Heads up ko lang po Atty.

1. A couple of my collegues went to DOLE last friday. DOLE made us sign a petition letter called" SENA ". I hope to update you on the turnaround of events as it unfolds.

2. If indeed it is not a crime to ask a fellow manager to go with me. And if by GOD we win this case. If proven that I was constructively dismissed.
What could we expect out of this Atty? Will I be re-instated or will we be paid? Atty, I don't want to be paid or re-instated. I just want the corporate H.R and the Chinese Owner to learn a lesson. " That not everyone in this world can and will be threatened by power nor money." A lesson they never seemed to learn.

3. His claim that I owe him money, can I challenge him to draw-out a synopsis of all the money I owe him. Subtract it from my pending receivable from them? Once I have the paperwork, I can now use this as a proof of the demand letter for harrassment stoppage?
Can this document also be used to prompt them to prepare my clearance slip so I can start processing? Just to end his campaign and harrassment.

Godbless Your Team.

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attyLLL


moderator
did you go to nlrc also?


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isabele


Arresto Menor
Goodpm Atty,

1. Yes, I went to DOLE. Together with 6 others illegally terminated period covered Jan - Aug this year.

2. To my surprise, on them was an employee who gave her affidavit infavor of our employer at the time of my preventive suspension.
She said in front of the labor arbiter that she was harrassed and forced to give her affidavit otherwise she will suffer the same fate as I did.
Does this have a bearing on my claim?

3. I went to a private lawyer today and ask that we send a letter to the company asking for the ff:

- synopsis/computaion all receivables and payables
with breakdown and entries/transmittal of payables
- clearance slip ( I enclosed my previous clearance
slip from the sister-company of my
employer where I worked previously)
- requested for a copy f 2316(B.I.R ) am pretty sure
the company does not have this yet. I know they did
not adjust my dependents.

4. Last night, I gathered evidence that will prove my claim of unjust preventive suspension resulting to constructive dismissal.
Is an employees position proof enough to ascertain his/her authority? Given that she is not allowed to make any discisions?

5. Requesting for my clearance and 13th,14, and tax refund via private lawyer and simultaneously filling a claim at DOLE for constructive Dismissal. Isn't this double jeopardy?

Your professional thoughts po?

Godbless you Atty .

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attyLLL


moderator
you are not prevented from asking those documents, but don't expect that they'll be issued quickly or at all. the company will normally hold all of those while the case is pending.

Will you undergo SENA or you skipped it?


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isabele


Arresto Menor
Good day to you Atty and to all of us patronizing this website.

Atty,

1. Yes, SENA is scheduled on October 25, Tuesday at Atty Casino's office in DOLE.
What's going to happen during this meeting?

2. The company also received my request for all the documents mentioned above via request from a private lawyer in my behalf.

3. Atty, what is the one thing that I should prepare to prove my case of constructive dismissal?

4. I fear though that because of my previous company's HR CORPORATE DIRECTOR's clout in DOLE, he might tarnish our case. He has been very proud that in his 35 years as an HR DIRECTOR from various companies, he has NEVER lost a case against DOLE / NLRC..

Thank you for your inputs Atty.

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isabele


Arresto Menor
Gooday!

Heads up ko lang po Atty.

1. We attended the SENA at DOLE. It was frustrating because our assigned labor arbiter did not handle our case. Instead we were transferred to another arbiter which happened to be the komare of the HR Director of the company. Anyway, the company promised to pay the 13th and ITR refund of all who filled at DOLE.
Because we did'nt like how the arbiter handled the case we wrote a letter to the regional director and civil service commission to investigate on why the case was transferred to another arbiter but the signatory was still the original arbiter.

2. All other complaints including mine was referred to NLRC. We are set
to hear on Nov 15.

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isabele


Arresto Menor
Atty Good day!

1. We already filed our position papers. Having read their position paper, they are claiming 1million pesos for damages.

Now i'm confused. Why are they claiming for 1million in damages when in fact kaka file palang ng position paper namin.

2. If I loose in NLRC, will I really be liable to pay for 1million? I dont have that amount atty. Will I go to jail for a lost labor case?

Please share your inputs please.

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attyLLL


moderator
do you have a lawyer assisting you?


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isabele


Arresto Menor
1. Yes Atty. My Lawyer was the one who filed the position paper. If ever I loose, Will I be held liable to pay for 1million pesos? Atty. how is this possible?

2. WIll I go to gail if I loose in NLRC?



Please reply Atty.

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isabele


Arresto Menor
1. Atty. should my claim for constructive dismissal be dismissed, will I be liable for the 1million claim?

2. If so, and I don't have 1 million. will I go to jail?

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attyLLL


moderator
you should now direct these questions to your own lawyer. he is more familiar with the facts of your case.


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isabele


Arresto Menor
Goodpm Atty,
Received NLRC decission from our case. Ruled out there was no constructive dismissal since I submitted my resignation letter. But instructed my previous employer to pay my separation pay and tax refund.Also, it barred my previous employer from collecting the amount tey pinned on me since there was no basis.

My lawyer said that we will filethe case at the court of appeals. I confer. My questions are:

1. Elevating the case to the court of appeals will mean additional payment for my lawyer?
2. Is there any possibility(even slightest) that the Court of appeals will over rule the decission of NLRC?

3. What is the usual time frame for these kind of cases to resolve or reach finality?

Thank you very much.

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attyLLL


moderator
these are matters you should discuss with your own counsel unless you tell us he is negligent.


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munkiepiper


Arresto Menor
@isabele

why elevate the case already to the Court of Appeals? had the NLRC Commission already made a decision or its just only the Labor Arbiter?

based on your post,i think it is the Labor Arbiter who made the decision. If indeed it was the Labor Arbiter, if you are not satisfied with the decision, you should elevate first the case to the NLRC Commission via an Appeal before going to the Court of Appeals.

Additional payment for your lawyer will normally consists of the pleadings that you need to file unless there is a need for hearing wherein you need to pay for appearance of your lawyer.

as regards Court of Appeals vs NLRC, its a different ball game when the case is elevated to the Court of Appeals. if you believe that you are really aggrieved and you have sufficient evidence to support it. Then, you go to the Court of Appeals. however, there is already a filing fee in the Court of Appeals.

if the case will eventually reach the Supreme Court, you will need to count years before it attains total finality.

by the way, you only have ten (10) days to appeal the decision of the Labor Arbiter to the NLRC Commission.

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isabele


Arresto Menor
Goodpm Atty,

1. The decision mailed to us was from NLRC's Labor arbiter. Yes, there was a fee when my layer filed the appeal. Suffice it to say, the case is already in the court of appeals.

2. Aggreived is an understatement. I lost a job, career( which I built for 10 years ). After losing that job, something died in me. I dont know what kind of evidence these people are looking for. My lawyer said we needed to acquire affidavits from my co workers. I think its very unlikey that these people will give their affidavits, knowing that they are still employed with the company. They too will be hunted.

My lawyer said that our best foot is the fact that I was being replaced even before I resigned. But cleary the labor arbiter was mum about this. As she did not even touch on this issue.
Honestly, after reading the Labor arbiters decision, I LOST faith in our labor laws and the people that govern them.

I think that supreme court is too far fetched. I cannot imagine paying my lawyer 3x the amount I am being awarded. I think, this will be my first and last assertion of my right with our laws and lawyers. This experience totally diminished whatever faith I have left for this country. I think that our laws are there only to protect the capitalist. and the people executing them are dogs to these capitalist. A very sad experience indeed.

Thank you for this website. I have read and learned issues.

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