Declined Reinstatement

ir0nf1st · 1 Declined Reinstatement Mon Jun 11, 2012 1:12 pm

ir0nf1st

Arresto Menor

Posts : 4
Join date : 17/12/2011

Hi Atty,

I filed a constructive dismissal case and we are scheduled to submit position papers. I was off-detailed by my employer nearly 3 months ago. I asked for reinstatement and backwages, they offered reinstatement but did not agree to give me backwages.

Is it ok to sign the new contract without affecting the case? I am worried that if I sign the new contract, the case will be dismiss. I really need a job now but I don't want the case be dismissed.

attyLLL · 2 Re: Declined Reinstatement Mon Jun 11, 2012 7:16 pm

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

if i were the respondent's lawyer, i will argue that I am allowed to put you in floating status for a max of 6 months and that if you accept a position within that period, you should be deemed to be resigned.

ir0nf1st · 3 Re: Declined Reinstatement Mon Jun 11, 2012 7:27 pm

ir0nf1st

Arresto Menor

Posts : 4
Join date : 17/12/2011

What I mean is that the contract is offered by the same company, a reinstatement but without backwages. If I agree to the new contract, do this mean that the case is dismiss? Can I accept it but still go ahead with the case just for the backwages?

attyLLL · 4 Re: Declined Reinstatement Sat Jun 16, 2012 7:57 pm

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

i would think the company would be unwise to settle and allow you to maintain your case, but if they do, then your complaint becomes a mere money claim.

i recommend you just go back to work and go on

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Declined Reinstatement

1 Declined Reinstatement Mon Jun 11, 2012 1:12 pm

ir0nf1st

2 Re: Declined Reinstatement Mon Jun 11, 2012 7:16 pm

attyLLL

3 Re: Declined Reinstatement Mon Jun 11, 2012 7:27 pm

ir0nf1st

4 Re: Declined Reinstatement Sat Jun 16, 2012 7:57 pm

attyLLL

5 Re: Declined Reinstatement

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