help! I was dismissed by my boss

sirs and ma'ams.

hello. Im working as cashier in a merchandising company. Ive been working there for 5 years already. Last week, I was prevented from entering the office because I allegedly stole the missing collections last July. I swear I did not steal anything. Even if I only receive minimum wage, I do not steal to feed my family. I do not know what to do now. Please advice me what to do. thank you very much and Im hoping for your reply

hi jonathan, under the law, the dismissal of an employee must be for (1) just or authorized cause and (2) after due process. In your case, there is neither just or authorized cause nor due process hence you can file a case for illegal dismissal. I hope I answered your problem

Jonathan, i agree with pretty law that you were illegally dismissed by the company you are working for. Even assuming that it were true, your company needs to go through some procedural hoops, i.e. formal charge and opportunity for you to answer the dishonesty charge.

My advise is for you to go to the regional office of the National Labor Relations Commission in the city where your workplace is located. NLRC offices have complaint sections where you can file your illegal dismissal complaint. They will also assist you in filling out the complaint form and you do not need to pay anything.

In case there is no settlement during the mediation conference, you may seek assistance from the Public Attorney's Office (in case you can't afford a private lawyer) to prepare your position paper.

Good luck in your case.

fbsensei wrote:Jonathan, i agree with pretty law that you were illegally dismissed by the company you are working for. Even assuming that it were true, your company needs to go through some procedural hoops, i.e. formal charge and opportunity for you to answer the dishonesty charge.

My advise is for you to go to the regional office of the National Labor Relations Commission in the city where your workplace is located. NLRC offices have complaint sections where you can file your illegal dismissal complaint. They will also assist you in filling out the complaint form and you do not need to pay anything.

In case there is no settlement during the mediation conference, you may seek assistance from the Public Attorney's Office (in case you can't afford a private lawyer) to prepare your position paper.

Good luck in your case.

very well said. The expert has spoken. Good luck jonathan. thank you fbsensei

fbsensei wrote:Jonathan, i agree with pretty law that you were illegally dismissed by the company you are working for. Even assuming that it were true, your company needs to go through some procedural hoops, i.e. formal charge and opportunity for you to answer the dishonesty charge.

My advise is for you to go to the regional office of the National Labor Relations Commission in the city where your workplace is located. NLRC offices have complaint sections where you can file your illegal dismissal complaint. They will also assist you in filling out the complaint form and you do not need to pay anything.

In case there is no settlement during the mediation conference, you may seek assistance from the Public Attorney's Office (in case you can't afford a private lawyer) to prepare your position paper.

Good luck in your case.

I concur with fbsensei hehehe

thank you prettylaw and fbsensei. I already filed my illegal dismissal complaint at the NLRC. They scheduled a mandatory conciliation and mediation conference before the labor arbiter. thank you very much for educating me my rights

Just do it quikly..There ae companies who will not allow their employees to work and yet this employee will receive from this companies a letter demanding you to go back to work, at least more than twice ..... Then when you sue them they will have this defense called "abandonment of work" which is a ground for dismissal under the law, eventhough in truth they fired you for no reason at all...Kaya mag demanda ka na ngayon pa lang!!!!


This is a very helpful site...I hope I was able to help you!!!

admiral thrawn wrote:Just do it quikly..There ae companies who will not allow their employees to work and yet this employee will receive from this companies a letter demanding you to go back to work, at least more than twice ..... Then when you sue them they will have this defense called "abandonment of work" which is a ground for dismissal under the law, eventhough in truth they fired you for no reason at all...Kaya mag demanda ka na ngayon pa lang!!!!


This is a very helpful site...I hope I was able to help you!!!

thankyou very much admiral thrawn. I already filed a case as advised. Im thinking that I will no longer go back to work baka pag initan lang ako ni bossing. I guess I have to settle for separation pay instead of reinstatement. I will just wait for the mediation

thank you admiral thrawn.

jonathan, a legal term for that is the principle of strained relations

That's great! I wish you good luck as you move on in your career.

jonathan wrote:gud pm to all. My employer offered to settle the case. I was paid my separation pay and backwages. my employer was so scared that he offered more than what I deserve. he just want me to drop the case. Im very satisfied with the settlement. Thank you very much for your help. thank you for bringing justice to persons like me. God Bless and more power to you all

Inuman na!!!

It is not us who brings justice...We just, in a very small way, showed you the way !!!!!
Congrats ulit!!!!