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constructive dismissal etc..

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1 constructive dismissal etc.. on Wed Nov 16, 2011 5:47 pm

ucantwait


Arresto Menor
Dear Atty...


hope u can help me with this :

a. we have no contract

b. we never had commission fixed for all is verbal , most of the accounts that i handle are my accounts and it is really generating well, so for 3 yrs i have been giving them more than they are paying me but never did i ask for a cent of commission since i really loved what i am doing but thinking right now based on my research, experience ,calculations i think i have been coerce by the boss ...

c. i just came from an emotional abuse case and they know that my state of emotional is not really good, but still my sales are high, since most of them are my clients when i joined them they understand me in this situation

d. they have done something last week for my panic attack rises that i almost got hit by a car. the signs of verbally abusive boss.

e. they are theatening me to sue for the gadgets office property that i have right now but i cant as of the moment since all of my evidences are stored there .

f. last oct i gave my resignation through email and they are saying that I am a liar, drama queen, crazy full of crap ... this happens every time they got pissed of me .

g. i resigned properly with a letter on my email that maybe they can give consideration since i have pending commitments with some of the personal account i handle , but he siad if i did not go to the office I will be awol and then emailed all my clients that i resigned and did not turn over properly etc...

h. i am trying to negotiate with them since i owe them not that much money,maybe my 13th month pay will compensate etc..

i. since i emailed and for time to work outside and they emailed i resigned on the day of salary they never give my salary .. kumbaga sinadya po nila

j. they have unlabored practice , they are deducting late not the rate agreed on the labor code and ot pay

100 per hour , if you have 5 days late at an hour each that is equivalent to php of 500 plus another 1 day of your salary( 500 plus ex 1000 per day =-1,500) is also diff. we signed it since now i realize that coercion is happening in our office and i am not the only one they can fully coerce except for the boss so they just verbally abuse me.

as a victim of abuse and survivor you see the patterns of it and they literally done it last time i went to the office so my panic attack will occur...

h. they had given me a letter for suspension notice since I had been on leave due to sickness I had for almost 2 weeks and the due to the separation I had been though.

Constructive dismissal I guess?? Why po for if ever they will dismiss me or terminate me I will not get anything …

But since I am so afraid to go back at that workplace for I had been sick for 2 days and my panic attacks will not stop and until now though I can stand up it is taking its toll on me.

They want something from me that I cannot commit, they want me to leave the office but never tell my clients that I am leaving so my clients will continuously go transact with them, and they are asking me how much commission do I want… but I am not into money ever since and as a sales executive I had earned my reputation for 8 yrs that is why my clients will always believe in me for it is a partnership, trust, honesty and loyalty dedication passion for what I do. I cannot lie but they want me to lie.

And also I don’t work as much as before that even they will tell me not to work on nights, not to work at home weekends etc… I can’t I need to fulfill my duties and now it is all clear to me that it is part of their abuse.

I lost my family, time I should have been spending for my kids , and now they are doing this to me making me cram for me to pay in abusive way , im leaving and so is my clients .




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2 Re: constructive dismissal etc.. on Sun Nov 20, 2011 4:47 am

ucantwait


Arresto Menor
atty hope you will answer me ...

last thursday i already received their lawyers demand letter stating that if o dont return the office property 2 laptops and 1 cellphone they are going to sue me...

also i heard that the lady boss is calling my ex livein partner and a very close friend from the client side that she is asking and pretending she doesnt know my address , to the fact that the receptionist went 2 x on the condo unit where i live and asking me to see her but i never went down...

please help po thanks

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3 Re: constructive dismissal etc.. on Sun Nov 20, 2011 7:44 pm

attyLLL


moderator
you say you filed a resignation, then that is the basis of your cessation of employment.

you are legally obligated to return the property of the company. if there are information there that you need, then make a copy. retaining them will make you civilly or even criminally liable.

if they have claims against you, then make an accounting whether the claims are valid.

i can appreciate that this is very upsetting to you, but you need to deal with it. ask responsible persons to represent you in dealing with the employer.


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4 Re: constructive dismissal etc.. on Sun Nov 20, 2011 8:28 pm

ucantwait


Arresto Menor
atty,

yes i file for resignation but i was asking if i can finish some of my projects within the week.. i have valid emails for that since I know that i might not have anything left if i go kaagad agad..

the time of what happened on that Monday was a plan on their end part. for they know that i will not have a choice but to comply and i cant return the properties instantly i was working on that day and i never said that i will not return those things ..

i was caught on guard for what they have done .. now i file a case in NLRC, and i dont know what am i supposed to do... I know i will never get anything from them any more and eversince I already anticipated that ..

also if I am on sales and we never agred on anything about commission i was thinking if i can ask for this? for almost 3 yrs service with them,...

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