Illegal Dismissal or Constructive Dismissal?

Hi all, thanks in advance for the advice.

Basically I need legal advice on what kind of case should I file against my formal employer.

Here's my story:
I was in the transition stage of getting regularized, when I received a "letter of dismissal" by my employer/upper management. My immediate supervisor recommended my regularization actually but was unfortunately contested by upper management and imposed three main reasons of disagreement with my supervisor's evaluation. Although I outrightly denied the baseless accusations and demanded for an investigation prior to termination, I was denied of such due process or discussion and instead was told explicitly that dismissal/termination was effective immediately.

To save face, of course, I had no choice but to submit a willful resignation letter to my supervisor some 1-2 days after I've received the letter of dismissal. To document my dissatisfaction, I gave a letter of counterclaim to our HR instead thereafter.

Here's the thing: I was able to find some documents to prove my innocence to serve as counterclaim for all allegations made against me.

At the onset of my research, I thought that I could file a case of illegal dismissal. However, based on fact that I did file a voluntary resignation, my case cannot be classified as Illegal Dismissal, correct? Will the lack of due process and unjust cause be grounds for me to file a case of Constructive Dismissal instead?


If I pursue Constructive Dismissal, what damages can I claim/demand just in case? Would it be the same as that of Illegal Dismissal? Can I also file a case of serious defamation given that I've been wrongly accused of some issues and I actually have actual documents to prove my innocence?

More importantly, what should my next action be? Employer wants to have a discussion with me to possibly hear my counterclaim but I am not comfortable and not interested to do so anymore. I also do not see the point to discuss because that should have been carried out/awarded to me at the time they handed over my letter of dismissal.

Thanks!

how long have you been in the company?

sabi mo transition stage of getting regularized.. so probi ka pa lang?? did you sign a probationary contract?? ano nakalagay don? meron bang clause na management's prerogative kung i re regularized ka or hindi..

kung wala ka pang 1 year sa company kahit mag file ka nang constructive dismissal and let say manalo ka.. maximum makukuha mo eh 1 month's salary lang.. maabala ka pa nang husto nyan..

i suggest you just moved on.. and look for another job.. not worth fighting kung wala ka pang years of service sa company..

Patok wrote:how long have you been in the company?

sabi mo transition stage of getting regularized.. so probi ka pa lang?? did you sign a probationary contract?? ano nakalagay don? meron bang clause na management's prerogative kung i re regularized ka or hindi..

kung wala ka pang 1 year sa company kahit mag file ka nang constructive dismissal and let say manalo ka.. maximum makukuha mo eh 1 month's salary lang.. maabala ka pa nang husto nyan..

i suggest you just moved on.. and look for another job.. not worth fighting kung wala ka pang years of service sa company..

No I actually did not sign anything like that. The thing is, the basis for upper management not to regularize me was baseless and just pure hearsay, as I was able to find documents to prove them otherwise.

I'm a returning employee, started in early 2011 and left mid 2012. Went back late last year as project-based and shifted to probi last April.

Thanks!

Bumping this up! Any more opinions? Will very much appreciate everyone's help!

WALA KA GAWIN KUNDI UMALIS NA.
NAGFILE KA NG RESIGNATION EH.