Estafa Case: Inquiry

Hi,

I need help regarding my current situation. My employer terminated me verbally and without due process and their threatening to file an estafa case against me if I do not resign from my post. I don't know what to do, i'm afraid of the estafa case because I will have a hard time looking for a new job if a case will be filed. Been connected to this company for almost 2 years and part of my job is to process working permit for our foreigner employees thus, I regularly make cash advance to process their papers. the procedure is I should liquidate first before I can get a second check. and that is actually what I am doing, I always liquidate my CA prior to getting the second check. but now their issue is my transportation charges, they are saying that I over charged the company for the transportation. I don't have any receipt of this as I use the public transportation and the rate i used actually is the rate being given to us by other car services. I am just wondering why only now they questioned my transportation expenses when I have been liquidating the same rate since 2008 and never did I receive any comment in regards to that. Please enlighten me as I am really afraid, can they sue me for estafa?. They also told a friend of mine, who also works in the same company, that all my liquidation papers were given to the company atty. and that their looking into filing a case against me.

and on the Labor issue: they terminated me verbally without due process. However, after 3 days they sent a memo stating that I am currently under preventive suspension. the letter was hand delivered by a co-worker but I refused to accept it because I thought it may cause a conflict on the case which I filed in NLRC the day after they verbally terminated me. They also did not release my salary for that period. then after a week I got a text message from our HR instructing me to report for work. And now they have deposited my salary to my payroll account. Again I am confuse, can you please help me with this

Thanks in advance

Lady R

i hope you will not be deterred by the threat of or actual filing of a criminal case. this is a usual tactic of employers who face a labor case - that will be your main defense and prosecutors normally know this.

They are trying to establish that you were not terminated. I recommend that you write back to them that stating that you were terminated verbally by whoever (put all the facts) on x date.

as for the money, you will have to make a decision. if you keep it, it will surely weaken your case.

i have a current case similar to this where the employee used the money and the other side is arguing that he was never fired.

Hi Atty. LLL,

Thank you for the quick response, I just have another question. is my case against them at NLRC will prosper?, I mean they terminated me verbally but now it seems they are establishing I am not and that I am just under preventive suspension.

Thanks

there are two bases for a declaration of illegal dismissal, procedural and substantial due process. substantial refers to the justness of the reason for termination. i cannot comment on the outcome of your case, but what you should focus on is establishing that your expenses are reasonable and have been doing so for a long time. absence of justified reason will warrant you backpay and possibly damages.

absence of procedural due process warrant an award of nominal damages of P30k.

your will first undergo mandatory conciliation. don't waste your time trying to justify that you are correct, just ask for their offer of settlement. don't ask for the moon. in your situation i used to offer last and separation pay, exit docs and a confidentiality agreement.

if no settlement is reached, then you will file your position papers. it is there that you will be then allowed to submit your evidence and arguments. good luck