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Constructive Dismissal

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1 Constructive Dismissal on Sat Jan 21, 2012 5:06 pm

marlauron


Arresto Menor
Dear Atty,

Last Feb 1, 2011, I signed a 2-year contract (as manager) with my employer. My continued appointment was confirmed after my 6 months in the company. I was on the 7th month of my employment when I was asked to resign by the compay president, my direct supervisor, for reasons (according to him) of stress on his part to guide me.

I appealed to the call for my 'forced resignation' due to complete absence of just and authorized cause. I was threatened with an immediate termination if I will not submit my resignation. Pressures and oppression followed which compelled me to submit my resignation effective immediately (Aug 31, 2011-date and effectivity of my resignation.

Due process (notice and hearing) was not afforded to me. I submit my resignation for fear of economic dislocation if served with an immediate dismissal. I was offered a 2-month salary as separation pay if I resign immediately.

During my employment, I was able to develop tremendously my area of responsibility (training center) which resulted to a sudden huge increase in revenues and major developments of facilities. Before the call for my resignation, (due to the potential of the training center as a major profit center for the company) my boss announced his intention to personally manage the training center. At present, 4 months after my dismissal, the president is now OIC of the training center.

Can I cite constructive dismissal as basis for a complaint for illegal dismissal with NLRC?

Thanks and more power.

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2 Re: Constructive Dismissal on Sun Jan 22, 2012 3:04 pm

attyLLL


moderator
yes, it's not too late. it would've been better if you filed it immediately, but 4 months is not too long. ask for reinstatement, not separation pay to bolster your chances.


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3 Re: Constructive Dismissal on Tue Jan 24, 2012 2:20 pm

marlauron


Arresto Menor
Thanks Atty for an immediate reply and advise. Regarding the jurisdiction of the case: I am presently staying in Taguig and my company is based in Cavite. Where (regional NLRC office) should I file my case with? I am presently unemployed and no capacity to sustain litigation cost. With little understanding of the law and more further study, can I represent my case without a counsel? Thanks and more power!

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4 Re: Constructive Dismissal on Fri Jan 27, 2012 8:31 pm

attyLLL


moderator
go file in quezon city. you have to show you were deceived to accepting the separation pay for your resignation.


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5 Re: Constructive Dismissal Today at 7:55 pm

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