termination without written notice

hi atty,

Can I file an illegal dismissal case against my employer who terminated me without written notice ?
kse, when i reported back to work from VL, my employer told me to "take a leave and need not report for work anymore". when I asked if i'm being fired, unequivocally he said "yes". i told him that this was illegal and that there should be a 30 day notice. when i was asking him to give me a notice letter, he said " to follow na lng". upset, i went home. i want to stay and insist on working but someone else is already sitting on my work area doing my job, i didn't want to argue anymore. after 2 days, they called me and said "in order to smoothen out the issue we will transfer you to this company, if you will accept this transfer, we will accept your resignation immediately". I argued that this is not a valid transfer bec it is not a branch or section of the company and if i'm being transferred, why do i need to resign. they insist it is mangment prerogative. i waited for notice of termination or transfer for a few days. i didnt receive any. so i decided to write them a letter asking for my status of employment. until now they still havent reply nor called me back to report for work. it's been 2 months since they verbally terminated me. pls. give me some advice on what to do. TY!

yes, you can file a complaint for constructive dismissal

thank you for the quick reply.
I have another question. mahigit dalawang buwan na po ako hindi nakakapagwork and hindi nakakapasok sa company. since walang work, wala rin po akong sahod. gusto ko na pong humanap ng panibagong mapapasukan habang tumatakbo yung kaso, ang problema ko po ay naka-tagged yung license ko under this company. kahit makahanap ako ng work, hindi naman ako matatanggap kse tagged sa pangalan ng dating company yung license ko. tumawag na po ako sa DOH, tinanong ko na po kung pano ma-untagged yung license ko po sa dati kong company since ayaw na nila ako papasukin and may kaso kami sa NLRC. ang sabi lang ng taga-DOH, either mag-present ng resignation letter or termination letter. eh, hindi naman po ako nag-resign and ayaw naman nila ako bigyan ng termination letter. ano po bang mainam gawin?

i recommend you write a letter to doh and append a certified copy of your complaint at the nlrc to justify this untagging. make them receive it and don't let that clerk act as if she knows everything.

thank you very much for your help atty.
i have another question. Can i also file a complaint against my employer who doesn't give me payslips? pag nanghihingi kse ako, they always say "to follow". after a few months, wala pa rin. and also, can i sue them for not giving me statutory benefits (sss, pag-ibig, philhealth)?

include it in your nlrc complaint

hi atty!
nakapag mandatory conciliation na kami dalawang beses sa NLRC. ang settlement na hinihingi ko po ay reinstatement and backwages. yung mga respondents gusto lang po nila i-reinstate ako. pinayuhan po ako ng labor arbiter na tanggapin na yung reinstatement kaysa sa mahaba at madugong full-blown case dahil since in the complaint that i filed, i only prayed for reinstatement, kung manalo daw po ako sa labor arbiter she will only grant reinstatement as relief kse willing naman daw yung mga respondents i-reinstate ako. Ganun po ba yun atty? reinstatement lang kahit sa labor code ang nakalagay is separation pay,backwages, moral and exemplary damageas a reilief for an illegally dismissed employee?

In addition to that, sinabi po sa akin ng labor arbiter na yung demand ko na money claims sa settlement ay hindi pwedeng tawaging "backwages" kse daw ang backwages is only being granted if the respondents are found guilty of illegal dismissal. financial aide lang tawag dun dahil nasa settlement pa lang. is that true?

so because of that, na-extend yung mandatory conciliation namin. pag-isipan ko raw mabuti sabi ng labor arbiter. pwede po bng lumipat pa sa ibang labor arbiter at this point? feeling ko po kasi nagiging bias yung arbiter.

need your advice atty. TY!

help po! need advice. dahil sa sinabi nung arbiter hesitant akong ituloy at tanggapin na lang yung settlement na 15k. eh naaalala ko pa rin ho yung mga sinabi at ginawa nila sa akin nung tinerminate ako.

hi atty! repost ko lang po for follow-up advice:

nakapag mandatory conciliation na kami dalawang beses sa NLRC. ang settlement na hinihingi ko po ay reinstatement and backwages. yung mga respondents gusto lang po nila i-reinstate ako. pinayuhan po ako ng labor arbiter na tanggapin na yung reinstatement kaysa sa mahaba at madugong full-blown case dahil since in the complaint that i filed, i only prayed for reinstatement and payment of backwages, kung manalo daw po ako sa labor arbiter she will only grant reinstatement as relief kse willing naman daw yung mga respondents i-reinstate ako. Ganun po ba yun atty? reinstatement lang kahit sa labor code ang nakalagay is separation pay,backwages, moral and exemplary damageas a reilief for an illegally dismissed employee?

In addition to that, sinabi po sa akin ng labor arbiter na yung demand ko na money claims sa settlement ay hindi pwedeng tawaging "backwages" kse daw ang backwages is only being granted if the respondents are found guilty of illegal dismissal. financial aide lang tawag dun dahil nasa settlement pa lang. is that true?

so because of that, na-extend yung mandatory conciliation namin. pag-isipan ko raw mabuti sabi ng labor arbiter. pwede po bng lumipat pa sa ibang labor arbiter at this point? feeling ko po kasi nagiging bias yung arbiter

i'd say reinstatement is a good win by itself because you get your job back. the 15k is a bonus

atty, hindi po natuloy yung settlement. nag-back out sila. pinagsusubmit po kami ng position paper july 2. hindi po sila sumipot kaya walang naisubmit yung mga respondents. ano po ba mangyayari pag hindi sila nakapagbigay ng position paper?

then, nag follow up po ako. tinanong ko po sila kung bakit hindi sila nagsubmit. sabi nila pag nagdecide yung LA and may writ of execution na,magsasara na lang daw sila para hindi nila ako mabayaran. pag nagsara po ba yung kompanya, wala na po ba akong mahahabol sa kanila?

TY!

if they don't submit, it's almost a sure win for you. if the company hides their assets, then you can argue that it was done in bad faith and claim from the owners or managers

Good day Atty.!
The respondents and I (the Complainant) have already submitted our position paper and reply position paper. However, in the respondents' reply position paper their accusing me that i was molesting one of the owners and that i had sexual relations with one of the managers. which is totally not true. I don't have a chance to refute it because it was stated on their reply.

Can i file a libel case against them for defaming me through their reply position paper?

Good day Atty.!
The respondents and I (the Complainant) have already submitted our position paper and reply position paper. However, in the respondents' reply position paper their accusing me that i was molesting one of the owners and that i had sexual relations with one of the managers. which is totally not true. I don't have a chance to refute it because it was stated on their reply.

Can i file a libel case against them for defaming me through their reply position paper?

wow, that's wild. i don't think a libel case will prosper though because pleadings are qualifiedly priveleged, but you can try.

you can file a 'motion to admit rejoinder."

yeah, i have read that one of the defense for libel is to claim that pleadings are part of absolutely privileged proceedings but to write allegations like that, without basis, dont you think it is irrelevant?
most especially if the respondents defense on illegally terminating me is that they just suspended me for 10 days bec of habitual tardiness and vacation leave pero hindi naman nila pina receive sa akin yung notice of suspension despite sending them a letter asking for staus of employment twice.

the best i can say is that if you file a libel case, then it will be considered. good luck

hi atty.
3 buwan na ang nakakaraan ng magsubmit kami ng reply position paper and wala pa ring decision ang LA. nag-follow-up po ako sa secretary regarding my case since sabi sa NLRC rules of procedure "case is submitted for decision within 30 days". Ang sabi ng secretary is ang may decision pa lng eh yung mga nag-file ng March 2012. Nababahala po ako dahil usap-usapan sa dati kung office na plano nilang ipagbenta or palitan ang registered owner ng company before dumating yung decision para wala daw po akong makuha sa kanila.

Ganun po b yun atty? wala na po akong mahahabol sa kanila pag ipinagbenta nila yung company or magpalit ng owner?

TY!

is there a law that protects the claims/prayers of illegally dismissed employees against companies who closes down or changes ownership to avoid paying damages when the decision comes?

T.Y.

naivetotheend

I had illegal dismissal case like yours. I have won the case from NLRC level.
My employer sold the company to another and being taken over by the new one.

The new owner inherited my case and issued a cheque for the award. Apparently it was moved to Court of Appeals kaya waiting pa rin ako.

Right now been waiting for the case to finish for almost 2 years.

thanks rocksteadyian

so, the new owner automatically inherits the case or it depends on their discretion?

is your first employer a sole proprietorship, partnership or corporation?

if corp, it will depend how the business was transferred

the company is a sole proprietorship atty

the company is sole proprietorship atty.

kahit wala akong makuhang money dahil nagsara yung company or pinagbenta sa iba. i just hope na sana man lang makulong yung owner and mga supervisors ko or magkaron man lng ng record sa mga nbi clearance nila.

imo, the case will still be against the original employer.

nlrc cases are for damages; it is not a criminal case