Illegal Dismissal

Follow up,

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?

hechanovajun23@yahoo.com wrote:Follow up,

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?

1. Complain about the due process, specifically, reinstating you but refusing to pay your rendered preventive suspension days.Also, you need to question the process why they have not yet finished the investigation, and yet they implemented a decision.

2. If you resigned and refused to be reinstated, then file for a constructive dismissal.

Alright, I think I'm starting to understand it now, but Atty they said that they can't prove it if I'm guilty or not, me too I can't, I can only justified it by good faith, I spoke w/ my customer & I remember we had an agreement, its just that we cant can't retrieve the call from the call history. So they come up w/ the decision to give me a final warning w/ no pay & I refused to signed.

So you're saying Atty that i will file a complaint about the due process why they can't prove it? My employer stands that since a customer complaint the.allegations is valid, for me signing the final warning is accepting that I did it, that's why I didn't sign it

How can I defend myself atty,? How can I prove I'm not guilty since no call records? They want to reinstate me acknowledging that it was a fraud even though they can't prove it, this is unbeleivable.

Hello Atty Joyce,

I hope you could help. Tinerminate po kami ng employer namin due to tardiness, (last occurrence, 5 mins late kami) without giving us NTE and a hearing. However, may 2 written warning na binigay prior to that. Tapos pinapirma po kami ng quitclaim or di da namin makukuha yung 13th month and leave conversion namin. So pirma naman po ako kasi yun lang naman ang source of income ko at nagulat ako sa mga pangyayari. May laban po ba to?

dudung10 wrote:Hello Atty Joyce,

I hope you could help. Tinerminate po kami ng employer namin due to tardiness, (last occurrence, 5 mins late kami) without giving us NTE and a hearing. However, may 2 written warning na binigay prior to that. Tapos pinapirma po kami ng quitclaim or di da namin makukuha yung 13th month and leave conversion namin. So pirma naman po ako kasi yun lang naman ang source of income ko at nagulat ako sa mga pangyayari. May laban po ba to?

Meron kang kopya ng termination letter?

File ka ng complaint sa DOLE/NLRC and makipag-settlement ka.

At most (if all process is checked) you are entitled to nominal damages for failure of the company to observe due process.

And you are entitled to 13th month pay and leave conversion even with the quitclaim.

So file a claim for:

1. 13th month
2. leaves conversion
3. unpaid salaries

During conciliation ask for 2-3 months salary as financial assistance plus another 2-3 months due to their failure to comply with due process.

Makipagtawaran ka para magkasundo sa matatanggap mo.

council wrote:

dudung10 wrote:Hello Atty Joyce,

I hope you could help. Tinerminate po kami ng employer namin due to tardiness, (last occurrence, 5 mins late kami) without giving us NTE and a hearing. However, may 2 written warning na binigay prior to that. Tapos pinapirma po kami ng quitclaim or di da namin makukuha yung 13th month and leave conversion namin. So pirma naman po ako kasi yun lang naman ang source of income ko at nagulat ako sa mga pangyayari. May laban po ba to?

Meron kang kopya ng termination letter?

File ka ng complaint sa DOLE/NLRC and makipag-settlement ka.

At most (if all process is checked) you are entitled to nominal damages for failure of the company to observe due process.

And you are entitled to 13th month pay and leave conversion even with the quitclaim.

So file a claim for:

1. 13th month
2. leaves conversion
3. unpaid salaries

During conciliation ask for 2-3 months salary as financial assistance plus another 2-3 months due to their failure to comply with due process.

Makipagtawaran ka para magkasundo sa matatanggap mo.

Thank you for your swift response boss atty council. I guess ang gusto ko po malaman is yung weight/bearing ng quitclaim na pinirmahan ko if ever di kami magkasundo sa mediation phase. Pag umabot na ba ito sa kasuhan, how much of a blow will the quitclaim be against my case? Also, binigay naman po yung 13month ko so ang habol ko nalang po is yung unpaid salaries (holidays) and yung compensation for dismissal without due process. thank you in advance

dudung10 wrote:

council wrote:

dudung10 wrote:Hello Atty Joyce,

I hope you could help. Tinerminate po kami ng employer namin due to tardiness, (last occurrence, 5 mins late kami) without giving us NTE and a hearing. However, may 2 written warning na binigay prior to that. Tapos pinapirma po kami ng quitclaim or di da namin makukuha yung 13th month and leave conversion namin. So pirma naman po ako kasi yun lang naman ang source of income ko at nagulat ako sa mga pangyayari. May laban po ba to?

Meron kang kopya ng termination letter?

File ka ng complaint sa DOLE/NLRC and makipag-settlement ka.

At most (if all process is checked) you are entitled to nominal damages for failure of the company to observe due process.

And you are entitled to 13th month pay and leave conversion even with the quitclaim.

So file a claim for:

1. 13th month
2. leaves conversion
3. unpaid salaries

During conciliation ask for 2-3 months salary as financial assistance plus another 2-3 months due to their failure to comply with due process.

Makipagtawaran ka para magkasundo sa matatanggap mo.

Thank you for your swift response boss atty council. I guess ang gusto ko po malaman is yung weight/bearing ng quitclaim na pinirmahan ko if ever di kami magkasundo sa mediation phase. Pag umabot na ba ito sa kasuhan, how much of a blow will the quitclaim be against my case? Also, binigay naman po yung 13month ko so ang habol ko nalang po is yung unpaid salaries (holidays) and yung compensation for dismissal without due process. thank you in advance

Hi po. Sorry for the late reply.

1. Sorry po to say that I am not a lawyer. I am just an IT by profession for 10 years, and I happened to have my own fight for labor cases. I am in this blog because this helps me a lot in researching and reading experiences/responses of other members.

2. I am also sorry to say on what happened to you. I know how hard to lose a job, and worst to lose it with unsettled disagreement with your company. My questions/suggestions are as follows.

a. Are you a probationary or regular employee? This one really matters because for a probationary employee, the company has the capacity to terminate your employment given just cause reasons such as performance issues. However due processes should be observed. These include an incident report of your supposed violation, a chance for your to respond, a chance for a hearing, and a chance for a grievance/appeal. All these are mandated by our labor laws.

If you are a regular employee, the due processes should also be observed. However, the decision should be clear after the due processes are observed.

b. Are you on a contractual or regular job? Magkaiba rin yan. Sa contractual ihohonor nila ang contract nio. Sa regular job, due processes pa rin.

c. On your question for quit claim, sa supreme court labor cases na nababasa ko at as advised ng atty ko, nawawalan ng bisa yan kapag me nilabag na labor laws ang company. Masme power ang labor laws kesa any company bond or quit claim form. Example, if nakalagay dun na bawal mo na makuha ang 13th month mo or ang pinagtrabahuhan mo na araw/oras - bawal yan. Sa batas, dapa tnila iprovide kung anu na ang napagtrabahuhan mo na oras, ang allowances mo at benefits mo etc.

Ang tanung ko, anu ba ang laman ng quit claim mo exactly. Basahin mo maige.

I hope makatulong.

hechanovajun23@yahoo.com wrote:Alright, I think I'm starting to understand it now, but Atty they said that they can't prove it if I'm guilty or not, me too I can't, I can only justified it by good faith, I spoke w/ my customer & I remember we had an agreement, its just that we cant can't retrieve the call from the call history. So they come up w/ the decision to give me a final warning w/ no pay & I refused to signed.

So you're saying Atty that i will file a complaint about the due process why they can't prove it? My employer stands that since a customer complaint the.allegations is valid, for me signing the final warning is accepting that I did it, that's why I didn't sign it

1. It is a good move that you did not sign the paper. Noone or no company can oblige to sign any paper if you disagree on it.

2. Yes, you can file a complaint for company's violation of DUE PROCESS. Mali ang pagpataw nila sayo ng decision if sila mismo di nila maprove ang paratang sayo. Sabi mo nga ikaw or sila wala evidence to prove about the call or customer's complaint on your call. So wala basis. So dapat wala sila decision to penalize your performance.

3. Yes, you can also file for a complaint on CONSTRUCTIVE DISMISSAL. You can search the actual legal meaning of this. Pero basically, if nagresign ka or umalis ng company na masama loob mo sa employer mo at sila ang rason mismo sa pagtrato nila sayo, then considered na illegal dismissal yun. Ibig sabihen inde voluntary or maluwag sa dibdib mo ang pagreresign.

BY THE WAY, DI PO AKO ATTY. I SO HOPE I AM, PERO INDE PO EH HEHEHE. Sana nakatulong ako. Thanks.

may natatandaan po ba kayong case na available online? gusto ko lang po maging mas prepared. to answer your question: regular employee po and regular job. Salamat po ng marami attorny joyce

Hi Atty Joyce,

I just want to seek advice and check from another point of view about my case. Actually pa supreme court na po kami.

Here is what happened...

Bale I was assigned as a closing manager na tapos merong tinatawag na commitments (call back) where dapat d namin ma miss. Ang nangyari on a specific day, (since ako ang closing manager, I need to make sure na wala ma miss na commitments) may nakalusot. So inamin ko naman un but with the reason na daming manager calls ng time na yun (final warning given). Ang sabi after about a month pde un ma clear as per internal agreement. But on the day before na ma clear un (after my restdays) ung system na kinukuhaan namin ng commitments ay down. So kinuha ko n lng ung latest na list and doubled and even tripled check it pero may naka lusot pa din. So may NTE na binigay then case con and they terminated me.

The normal process ng commitments namin is that once the agent processed a commitment, it should be checked by the direct supervisor, then direct manager, then me. So I'm guessing na if they terminated me then the direct supervisor and manager should have been terminated as well (which did not happen).

This is an ongoing case already for 4 years (going 5 once we pursue with supreme court). Sa NLRC they told the company that they need to pay me 640k for damages, pero di sila pumayag and pinaakyat ung case, bumaba ng 80k pero pinaakyat pa din nila then 13k n lng ung result. Sabi ng atty ko kami naman daw po papaakyat ng case so it went back around 120k. But since it is already on going for a long time and we believe that I was illegally dismissed then we tried to appeal for it. But court of appeals declined it and parang walang nangyari lng sa ginawa naming position papers. So heto po... still want to pursue sa supreme court since really frustrated po ako... ako po ginagawa lahat ng makakya para walang agent under my cluster ang mag miss commit then ung iba parang wala lng kse andyan nman ako...

Ang isa pa po, sa report nila, my name was not even on the list, it just shows the name of the agent, supervisor and direct manager. And one more is that they never showed any papers that they gave any warnings on the supervisor and the manager which is not really fair.

Do you have any advice about this Attorney?
Do you think that we can still win this?
Sorry po at medyo napahaba ang kwento

Thanks...

sylfronda wrote:Hi Atty Joyce,

I just want to seek advice and check from another point of view about my case. Actually pa supreme court na po kami.

Here is what happened...

Bale I was assigned as a closing manager na tapos merong tinatawag na commitments (call back) where dapat d namin ma miss. Ang nangyari on a specific day, (since ako ang closing manager, I need to make sure na wala ma miss na commitments) may nakalusot. So inamin ko naman un but with the reason na daming manager calls ng time na yun (final warning given). Ang sabi after about a month pde un ma clear as per internal agreement. But on the day before na ma clear un (after my restdays) ung system na kinukuhaan namin ng commitments ay down. So kinuha ko n lng ung latest na list and doubled and even tripled check it pero may naka lusot pa din. So may NTE na binigay then case con and they terminated me.

The normal process ng commitments namin is that once the agent processed a commitment, it should be checked by the direct supervisor, then direct manager, then me. So I'm guessing na if they terminated me then the direct supervisor and manager should have been terminated as well (which did not happen).

This is an ongoing case already for 4 years (going 5 once we pursue with supreme court). Sa NLRC they told the company that they need to pay me 640k for damages, pero di sila pumayag and pinaakyat ung case, bumaba ng 80k pero pinaakyat pa din nila then 13k n lng ung result. Sabi ng atty ko kami naman daw po papaakyat ng case so it went back around 120k. But since it is already on going for a long time and we believe that I was illegally dismissed then we tried to appeal for it. But court of appeals declined it and parang walang nangyari lng sa ginawa naming position papers. So heto po... still want to pursue sa supreme court since really frustrated po ako... ako po ginagawa lahat ng makakya para walang agent under my cluster ang mag miss commit then ung iba parang wala lng kse andyan nman ako...

Ang isa pa po, sa report nila, my name was not even on the list, it just shows the name of the agent, supervisor and direct manager. And one more is that they never showed any papers that they gave any warnings on the supervisor and the manager which is not really fair.

Do you have any advice about this Attorney?
Do you think that we can still win this?
Sorry po at medyo napahaba ang kwento

Thanks...

1. First and foremost po, I AM NOT an ATTORNEY PO. I am just in IT industry for more than 10 years with client and people management work experiences too. I understand how you feel for your case, because I have mine in years on going as well.

2. My question is that on your story, you mentioned na manager level ka na. Is that in you JOB CONTRACT? If so, are the details of your tasks are stated clearly in the JOB CONTRACT? This piece of paper tells you about your contract and obligation to the company. This also tells you how you are accountable for your assigned duties.

3. Another question is - you haven't mentioned in your story how long are you in the company before you were terminated? if regularized, then the whole IR thingy should undergo go the DUE PROCESSES mandated by labor laws. If probationary ka, then the company has strong chance to terminate any manager, by position, given the valid and just causes on performances and violations on company policy. You see- pag mantaas ang position, lalo manager, malaki ang lawak ng duties mo. Even, ikaw gumawa or tao mo ang gumawa as long as the violation is withing your jurisdiction- eh meron ka pa rin responsibilities to uphold.

4.Another question - what did you use as bases of your illegal dismissal? how did the company handle your due processes for this incident report?

5. What happened specifically, why did Court of Appeal "DECLINED IT"? What do you mean exactly? Wala bases ba ang appeal mo or appeal ng company mo? (This one medyo malab sa kwento mo)


For now, based sa kwento mo, it seemed na me mas laban ang company mo against sa arguments mo- unless you provide specifics on your cases/arguments why you believed na illegally dismissed ka.

dudung10 wrote:may natatandaan po ba kayong case na available online? gusto ko lang po maging mas prepared. to answer your question: regular employee po and regular job. Salamat po ng marami attorny joyce

Here madami mga labor cases na pwede mo mabasa
http://www.laborlaw.usc-law.org/category/labor-cases/

1. First and foremost po, I AM NOT an ATTORNEY PO. I am just in IT industry for more than 10 years with client and people management work experiences too. I understand how you feel for your case, because I have mine in years on going as well.

2. My question is that on your story, you mentioned na manager level ka na. Is that in you JOB CONTRACT? If so, are the details of your tasks are stated clearly in the JOB CONTRACT? This piece of paper tells you about your contract and obligation to the company. This also tells you how you are accountable for your assigned duties.

3. Another question is - you haven't mentioned in your story how long are you in the company before you were terminated? if regularized, then the whole IR thingy should undergo go the DUE PROCESSES mandated by labor laws. If probationary ka, then the company has strong chance to terminate any manager, by position, given the valid and just causes on performances and violations on company policy.  You see- pag mantaas ang position, lalo manager, malaki ang lawak ng duties mo. Even, ikaw gumawa or tao mo ang gumawa as long as the violation is withing your jurisdiction- eh meron ka pa rin responsibilities to uphold.

4.Another question - what did you use as bases of your illegal dismissal? how did the company handle your due processes for this incident report?

5. What happened specifically, why did Court of Appeal "DECLINED IT"? What do you mean exactly? Wala bases ba ang appeal mo or appeal ng company mo? (This one medyo malab sa kwento mo)


For now, based sa kwento mo, it seemed na me mas laban ang company mo against sa arguments mo- unless you provide specifics on your cases/arguments why you believed na illegally dismissed ka.[/quote]

Sorry po... pero heto po answers ko sa questions mo.

1. I have been with the company for 4 years already and they placed me as an interim manager that time and there is no job contract given to me as a manager. Only as a supervisor when I was promoted after 1 year and 3 months as an agent.

2. Ang basis po for the illegal dismissal is that they have terminated me without even giving any warnings on the agent's direct supervisor and manager in which dapat they were also terminated as per process and regarding po sa system nila, I believe I did my part to check on the list if not only of the system issue which we could not get the updated list. Sa process naman po, nabigyan din po ako ng final written warning then after that on the next instance, they gave an NTE (which I didn't agree that it was my fault 100%), we had a case conference as well. After that na term na lang po ako the next day (don't have any access anymore using the proximity card).

3. As per the papers ng court of appeals, the result was partly in my favor and there is no basis daw.

Pero di po ba it seems that I was isolated because the direct supervisor and manager did not even receive any warnings because of what happened with their agent? And wala po sa job contract ko po un.

Thank you po pala sa reply...

sylfronda wrote:Pero di po ba it seems that I was isolated because the direct supervisor and manager did not even receive any warnings because of what happened with their agent? And wala po sa job contract ko po un.

Thank you po pala sa reply...

Di mo pwede idamay ang iba sa issue mo keso bihigyan sila o hindi ng warning.

Nasa job contract mo yan - look for the general clause that says you may be assigned other tasks (etc etc) from time to time...

Di mo pwede idamay ang iba sa issue mo keso bihigyan sila o hindi ng warning.

Nasa job contract mo yan - look for the general clause that says you may be assigned other tasks (etc etc) from time to time...

Tama po but it is actually in the process that it should be checked by the direct supervisors and then managers before the closing manager checks it so why only me that was terminated and the direct supervisor and manager was not included? Isn't it clear that I was isolated since ako lng ang ni-remove nila? And yes you may be assigned other tasks but not a task that a closing manager should be doing.

Just to give you sn update.

I lost my case in CA.
I only have until 23rd of Oct to file for a MR.

Any advised

Update lang ako. Natalo ulit ako sa MR namin sa CA. 3 years na since materminate ako.

Supreme Court na daw next sabi ng lawyer ko. Hindi ko alam kung ano na gagawin ko. Huhuhu.

Hello joyce.... hello din sa lahat ng nasa thread na ito... gusto ko sana mag file ng case sa nlrc for illegal dismissal... meron ba kyo lawyer ma refer na libre lng or kung may bayad yung hindi mataas magsingil wala po ako work ngayon or bka pwede pay later ang fee... thanks in advabce sa mag reply...

Good day!

Ma'am/ Sir,

I would like to seek your opinion regarding my case which is already at NLRC for resolution, i have my own private lawyer assisting me on this, they terminated my employment due to 3 NTE,

1. I was 15 minutes late from fetching our guest in the hotel (1 incident) after which our HR manager informed me that the owner is wanted me to resign due to this incident, but i refuse the instruction thinking its such a shallow violation for me to tender my resignation.

2. Due to this development, they wanted me to go to head office which is in Manila (my area of work is Bacolod City) for a meeting but when i asked for the agenda the admin directress raised her voice and said that the manager has all the rights to call a meeting without any agenda, again i refuse to follow the instruction thinking it may be a trap for me, so another NTE was issued, so i went to a lawyer to file a constructive dismissal.

3. I received a text message 7:30 in the evening from the sales manager that he will be visiting my area the day after tomorrow, i did not reply for the text since saw it next morning, so another NTE was issued., and before i reply for the next NTE they have already sent me through email my termination letter.

I just to ask your opinion on this, what are our chances of winning the labor case.

Thank you

Adam.

magen.adam@yahoo.com.ph wrote:Good day!

Ma'am/ Sir,

I would like to seek your opinion regarding my case which is already at NLRC for resolution, i have my own private lawyer assisting me on this, they terminated my employment due to 3 NTE,

1. I was 15 minutes late from fetching our guest in the hotel (1 incident) after which our HR manager informed me that the owner is wanted me to resign due to this incident, but i refuse the instruction thinking its such a shallow violation for me to tender my resignation.

2. Due to this development, they wanted me to go to head office which is in Manila (my area of work is Bacolod City) for a meeting but when i asked for the agenda the admin directress raised her voice and said that the manager has all the rights to call a meeting without any agenda, again i refuse to follow the instruction thinking it may be a trap for me, so another NTE was issued, so i went to a lawyer to file a constructive dismissal.

3. I received a text message 7:30 in the evening from the sales manager that he will be visiting my area the day after tomorrow, i did not reply for the text since saw it next morning, so another NTE was issued., and before i reply for the next NTE they have already sent me through email my termination letter.

I just to ask your opinion on this, what are our chances of winning the labor case.

Thank you

Adam.

For the company's failure to observe due process you may be entitled to compensation of nominal damages.

You may be able to win an illegal dismissal case against the company.

CallCenterEmployee wrote:Update lang ako. Natalo ulit ako sa MR namin sa CA. 3 years na since materminate ako.

Supreme Court na daw next sabi ng lawyer ko. Hindi ko alam kung ano na gagawin ko. Huhuhu.

Bihira nananalo sa MR, but since it is a requirement for an appeal to the SC, your counsel has to file it. Kaya last chance mo na talaga sa SC which may or may not reverse the CA's decision. In a lot of cases, the SC had reversed decisions of the CA. Just pray

council wrote:

magen.adam@yahoo.com.ph wrote:Good day!

Ma'am/ Sir,

I would like to seek your opinion regarding my case which is already at NLRC for resolution, i have my own private lawyer assisting me on this, they terminated my employment due to 3 NTE,

1. I was 15 minutes late from fetching our guest in the hotel (1 incident) after which our HR manager informed me that the owner is wanted me to resign due to this incident, but i refuse the instruction thinking its such a shallow violation for me to tender my resignation.

2. Due to this development, they wanted me to go to head office which is in Manila (my area of work is Bacolod City) for a meeting but when i asked for the agenda the admin directress raised her voice and said that the manager has all the rights to call a meeting without any agenda, again i refuse to follow the instruction thinking it may be a trap for me, so another NTE was issued, so i went to a lawyer to file a constructive dismissal.

3. I received a text message 7:30 in the evening from the sales manager that he will be visiting my area the day after tomorrow, i did not reply for the text since saw it next morning, so another NTE was issued., and before i reply for the next NTE they have already sent me through email my termination letter.

I just to ask your opinion on this, what are our chances of winning the labor case.

Thank you

Adam.

For the company's failure to observe due process you may be entitled to compensation of nominal damages.

You may be able to win an illegal dismissal case against the company.

Ma'am/ Sir,

I would like to ask, during this process, each parties are entitled to how many replies based on the position paper?

magen.adam@yahoo.com.ph wrote:
Ma'am/ Sir,

I would like to ask, during this process, each parties are entitled to how many replies based on the position paper?

One.

Good morning, its been 1 year and 2 months since we filed our complain to NLRC, pero until now wala pang resolution na lumabas, ganito po ba ka haba yung NLRC mag palabas ng resolutuion?

Thanks

Adam