Illegally Dismissed

Hi,

Badly need an advise.

Here's my situation:

1. I am a Quality Manager from a Call Center
2. Last May 11, 2013, my 'former' boss told me to resign because as he termed it " Mag resign ka na lang, mukhang di ka mare regular kasi ayaw sa iyo ng mga nasa taas."
3. I was performing well. There was no evaluation form or scorecard presented to me that proves that I am not fit to work for that company.
4. My 'former' boss promised that he will help me find a job ASAP, and told me to file a resignation letter ASAP so that he can work on processing my back pay. He dictated what I should put in the resignation letter.
5. He also told me not to go to work anymore, the effectivity date of my resignation is June 15, and that i will work from home til then
and I will have pay til June 15
6. I dont know what to do that day, I just emailed my resignation letter (the one he dictated) but I did not sign the resignation letter. Also, my mistake was that I trusted him and told him in email that he was the best boss ever because he promised that he will help in me finding another employer ASAP
7. That day, he also talked to another employee, Workforce Manager and was told the same thing.
8. He forced us to resign.
9. When I checked my office emails (I still have the emails), they informed my team that all directions and approvals will be coming from the other manager, without talking to me. My team also heard that I was about to be terminated that why I opt to resign "graceful exit".
10. I talked to the HR Manager of the company, and she said that because I emailed a resignation letter, they will assume that I voluntarily resigned and the resignation has taken effect already. " Thank you bringing the matter to our attention, but the resignation must be upheld."
11. We, (with the Workforce Manager), want to file a case to NLRC because we were victims here. It is hard to find a job nowadays ( and we were still jobless up to this point)
12. Moral damages - "ang alam ng buong company, lahat ng tao, nag resign lang kami para hindi ma terminate, what they call graceful exit" - that is not good especially for our reputation
13. Financially - I had to sell everything that I own just to pay for my bills
14. Emotionally - I got so depressed and it even affected my health beacuse I could not sleep
15. Up to this point, there is still no backpay or final check from that company
16. We want to ask at least 6 months salary settlement
17. I have the complaint form from NLRC and it just needs to be submitted to formallly file the complaint.

Any advise po?
Really need one right now.

Thank you

Roancutie,

I have few questions:

1. How long have you been in the company?
2. Do you have a contract?
3. What is your case in the company?
(Ang ibig kong sabihin eh, ano ba ang kasalan nyo sa company? bat inaakala ng lahat ng tao eh pina resign kayo sa halip na e terminate?

Hi,

1. 5months last june 2, 2013
2. I have a contract, yes.
3. According to my former boss, Some of the executives doesn't like me. And a manager supposedly spread a rumor na graceful exit ang nangyari, according to one of my quality coaches. And yun nga, without talking to me, bigla na lang nila Ina announce sa team ko na all directives and approvals will be coming from the other manager and not me.

IMO, it can be considered as "constructive dismissal" but I don't think you have a good chance of winning.

1. You are not yet a regular employee. In my experience, probationary employee are given less priority since it is the management's prerogative to regularized you or not

2. Your evidence for constructive dismissal is vogue since in constructive dismissal, there is cessation of work resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee.

In your case, your boss just told you to resign because the higher management doesn't like you which is very difficult to prove not unless someone is willing to testify that he told you that.

3. I don't think you could file for moral damages for rumors because rumors are just rumors. Not unless you have a strong evidence of who started it.

4. If you have already process your clearance and the company still refuses to give you your last pay, you may file a money claim at NLRC

Hence, if you really wanted to file case, you may try. But I strongly recommend you hire a lawyer that specializes in labor relations law.

Good Luck