Illegal Dismissal

CallCenterEmployee wrote:Oo nga eh. Sana manalo na kami sa appeal .

sa mga nababasa ko...walang nakakalampas sa objectivity ng appeal at supreme court...sa nlrc tlga me mangilan ngilan pa rin na nababayaran

Kaya nga eh. Sana manalo para matapos na ang problema .

Hi. I received a call from lawyer that our case was denied for our motion of reconsideration.
He said we can elevate it to the higher court which is Court of Appeal on or before June 2014.

I don't know now what to do if I will continue to fight or not anymore. It's been over a year now. Tsk tsk .

Any thoughts ?

Its up to you. If you can still afford it emotionally & financially then you can go for it..

Financially yes but the emotional part is the most difficult. I don't want to remember it any longer. Very traumatic!
Do you think , changing my lawyer will matter?

If you think your lawyer is not that good then you can always have the option to change him. But it will only add to your problems since you have to go back to square one

I guess I have to stick with my lawyer. Hay.... Nakakaloka Ito.

Labor cases can really be dragging.. sometimes it takes 5-10 years get a resolution when it is fought up until the supreme court. So you have to decide if you want to fight till the end or stop it now

Seriously ? 5-10 years?
Grabe naman pala. Kakaloka.
I guess that's what we need to do.

Hi good am i have a question lang off topic im sorry but i need help. I am a private employee I was regularized last April 8, 2014 and it was included on my contract that after my probation period I will have my dependents HMO Cards which the company failed to provide and I was instructed to just enroll my dependents this coming july 2014 which is very unacceptable, i just need to know what legal action should i take regarding this matter as far as i know i enrolled my dependents upon signing my contract. Need help and reply thanks

Christianne1006 wrote:Hi good am i have a question lang off topic im sorry but i need help. I am a private employee I was regularized last April 8, 2014 and it was included on my contract that after my probation period I will have my dependents HMO Cards which the company failed to provide and I was instructed to just enroll my dependents this coming july 2014 which is very unacceptable, i just need to know what legal action should i take regarding this matter as far as i know i enrolled my dependents upon signing my contract. Need help and reply thanks

Maybe because this July magrerenew ang company nyo sa service provider. Pero dapat i-enroll ka pa rin at dependent mo. What if may mangyari sayo?

Hello Atty:
Matagal po ba ang decision Ng Court of Appeal? We filed our appeal June 30,2014.

CallCenterEmployee wrote:Hello Atty:
Matagal po ba ang decision Ng Court of Appeal? We filed our appeal June 30,2014.

Pwedeng tumagal ng maraming buwan o taon, depende sa kaso at sa dami ng inaasikaso ng judge.

Thanks po.

Question Atty:
May Mediation process pa ba sa Court of Appeal?

CallCenterEmployee wrote:Question Atty:
May Mediation process pa ba sa Court of Appeal?

Wala.

Ebidensya ang labanan dun.

Even for Labor Cases?

Check with the Clerk of Court to be sure.

Hi all,

It has been awhile since I had comments in this site. I just would like to update you all that I received my NLRC case decision, and it favored to me. I won! God bless you all for seeking labor justice too. I pray also for all of you.

Hi to all,

Im a call center agent my employer put me under preventive suspension last august 18, 2014, the reason is customer ng complaint daw sa BBB(Better Business Bearu) that she didn't authorized adding any services to her account.so they filed a fraud complaint against me.call record can't be found na my interaksyon po between me & customer.today sept 16,2014 my employer wants to reinstate me but w/ a final warning(1 year to clear) stating after investigation they found the allegations valid bcoz of the notes on the account that customer called in & complaint.my employer said having the final warning will not merit a compensation for the days that I'm under preventive suspension, also they said they cant dismiss the case bcoz they cant prove if I'm guilty or not due to insufficient evidence, their stand is, to serve the final warning bcoz of the customer complaint,final warning=no pay from august 18 upto date of reinstatement. under art. 279 I should be reinstated & paid for the days that I'm on preventive suspension once unjustly dismissed from work.

Question, since they can't prove I'm guilty nor not guilty,they still believe fraud happened, so they served a final warning, now, can I contest for a compensation for those days I'm under suspension? Can we say they unjustly dismissed me from work from august 18 up to I sign the final warning?( BTW, I havent sign the final warning yet) my employer also mentioned that unjustly dismissed from work under art 279 is that I'm already terminated. Is this correct?

Thank you in advance for your reply

hechanovajun23@yahoo.com wrote:Hi to all,

Im a call center agent my employer put me under preventive suspension last august 18, 2014, the reason is customer ng complaint daw sa BBB(Better Business Bearu) that she didn't authorized adding any services to her account.so they filed a fraud complaint against me.call record can't be found na my interaksyon po between me & customer.today sept 16,2014 my employer wants to reinstate me but w/ a final warning(1 year to clear) stating after investigation they found the allegations valid bcoz of the notes on the account that customer called in & complaint.my employer said having the final warning will not merit a compensation for the days that I'm under preventive suspension, also they said they cant dismiss the case bcoz they cant prove if I'm guilty or not due to insufficient evidence, their stand is, to serve the final warning bcoz of the customer complaint,final warning=no pay from august 18 upto date of reinstatement. under art. 279 I should be reinstated & paid for the days that I'm on preventive suspension once unjustly dismissed from work.

Question, since they can't prove I'm guilty nor not guilty,they still believe fraud happened, so they served a final warning, now, can I contest for a compensation for those days I'm under suspension? Can we say they unjustly dismissed me from work from august 18 up to I sign the final warning?( BTW, I havent sign the final warning yet) my employer also mentioned that unjustly dismissed from work under art 279 is that I'm already terminated. Is this correct?

Thank you in advance for your reply

For me yes, you can demand for the salary or payment of 30 days that they put you to preventive suspension. The reasons because:
1. they should have given you the due process, which includes the hearing and investigation before the FINAL DECISION (this case as final warning); in your case, a decision is already made even without the due processes completed.

2. in case they made you sign something, you can opt not to or you can sign but make a clear note that "YOU DONT AGREE ON THE PAPER YOU ARE SIGNING."

3. if worst comes to worst when you resign, include this in your letter,the file a constructive dismissal case against your management.

Hi again,

They asked me to provide a notice to explain last august 11,2014 & gave me 5 days to submit my explanation.I submitted it august 15, also they asked me last august 11 to report on august 18 for the hearing. On the same date Aug. 18, we did he case conference & my employer said to put me under suspension w/o pay but will reimburse me once case is dismissed & today sept 16 they want to re instate me but will not re imburse me while I'm under PS bcoz they beleive fraud happened , they justified it bcoz customer complaint.call can't be found.

What is my next step? Can I file a complaint against them? What form of complaint?

Follow up question,

Can I file an immediate resignation? In relation w/ this case? Is the case illegal dismissal or constructive dismissal?

Follow up questions,

Is it legal to freeze or hold my incentive bonuses while I'm under preventive suspension?

hechanovajun23@yahoo.com wrote:Follow up questions,

Is it legal to freeze or hold my incentive bonuses while I'm under preventive suspension?

It think yes. Nasa law naman maximum 30 days pwede ipapreventive suspension ang isang employee. So pwede nila ihold salary, incentives, allowances etc.