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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Fired When Anomaly was discovered

Fired When Anomaly was discovered

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1Fired When Anomaly was discovered Empty Fired When Anomaly was discovered Thu Feb 20, 2014 7:57 am

ChampWinner


Arresto Menor

Dear Attorney,

I uncovered anomalous company transactions.So the company wanted me out.First, they gave very low performace rating, then preventive suspension for termination to legalize everything. I was subjected to confusing queries by comoby's lawyer to force me out. What is my recourse?Thank you

2Fired When Anomaly was discovered Empty Re: Fired When Anomaly was discovered Thu Feb 20, 2014 10:10 am

HR Adviser


Reclusion Perpetua

File constructive dismissal

3Fired When Anomaly was discovered Empty Re: Fired When Anomaly was discovered Thu Dec 21, 2017 9:52 pm

arnoldventura


Reclusion Perpetua

Constructive dismissal is also illegal dismissal. In order to terminate your employment, there should be both just cause and compliance with due process, which I don't see in your case. Try reading this, I hope this helps you. https://www.alburovillanueva.com/dismissal-termination-employment

4Fired When Anomaly was discovered Empty Re: Fired When Anomaly was discovered Tue Dec 26, 2017 12:12 pm

HrDude


Reclusion Perpetua

arnoldventura wrote:Constructive dismissal is also illegal dismissal. In order to terminate your employment, there should be both just cause and compliance with due process, which I don't see in your case. Try reading this, I hope this helps you. https://www.alburovillanueva.com/dismissal-termination-employment

Constructive Dismissal is NOT the same as 'Illegal Dismissal' as termed under the Labor Code. It may be 'illegal' is some sense but it should be termed as 'wrongful' dismissal.

You don't see due process here because you assumed that there was already termination. Take note of the query 'to force me out'. It is safe to assume that there is no Termination yet. Also, in Constructive Dismissal, it does not require that Termination or separation of the employee must have taken place prior.

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