HELP DOLE CASE HELP

I have a DOLE case right now, here's what happened.

I had 15 employees
5 of them were caught stealing BY MY CLIENT
1 of the 5 that got caught was my MOST TRUSTED employee (it was heartbreaking to know he turned his back on me)
and that employee told the truth but only after 2hrs of conversing with him and showing him the evidences after which he surrendered and said sorry he then confessed that all of the rest employees were stealing

THE REST DID NOT IN ANYWAY CONFESSED

So i investigated, and well just my luck. It was true THEY WERE ALL STEALING FROM ME FOR YEARS NOW.

I was furious, I talked to them (didn't even care if they confess or not) I talked to them to let them know I know, and let them choose between TERMINATION or RESIGNATION

Ofcourse they said they were innocent, of course they did not chose anything.

So what I did was issued a preventive suspension and notice to explain memo, afterwards conducted an admin hearing and after few days of analyzing and going back and forth whether to give them another chance or not I wrote a notice of decision to end their contracts. ALL OF MY EMPLOYEES NOW WERE GONE.

Imagine my heartache, I had no operations for 2 months but it was better than having employees you cant trust. Lalo na sa industry namin trust is the foundation of our service

NOW THEY FILED A FORMAL COMPLAINT ABOUT WHAT I DID AND WANTED ME TO SHOW ALL THE EVIDENCES, AND GIVE THEM A SEPARATION PAY
Note that some of them our my employees for 10 yrs, 5 yrs etc

HOW CAN PEOPLE BE THIS ABUSIVE AND WALANG HIYA?????

DO YOU THINK DOLE WILL HEAR ME OUT? KNOWING NAMAN NA AKO ANG GINAGO...... Sad

RIGHT UP TO KNOW, MY COMPANY ISNT IN THE NORMAL STAGE

HANGGANG NGAYON NAGAADJUST PA DIN KAMI

Firstly, if you have severed your relationships with your employees by way of ending their contract, you need NOT show evidence of their alleged Theft.

Secondly, Separation pay can only be given on these instances, to wit;

1.Termination is for any of the authorized causes under the Labor Code.
a.Introduction of labor-saving devices
b. Redundancy
c. Retrenchment
d. Closure or Cessation –
e. Disease the employee found to be suffering and whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his co-employees.
(As such, separation pay must be paid when the termination is based on the above-mentioned authorized causes except when the closure of the company is due to financial losses.)
2. Where there is illegal dismissal and reinstatement is no longer feasible
3. If there is policy by the Company or provision in the CBA regarding the matter.

Lastly, what I suggest is that;
1. Put the admission of your 'trusted' employee in writing. That way, it is documented.
2. Get a written testimony from your client who caught some of your employees. (Ipa-blotter mo na mga iyan). That way, you're showing that you are not afraid.
3. Tell the DOLE officer that you will file a case of 'Qualified Theft' against all of them. Takutan lang yan.
4. Be ready for a battle and get a lawyer. Protect your right unless you want to pay their demands and just cry.

It happened November 2015, and yes na pa document ko ang confession with notary nung day na nagconfess siya at after nagpa blotter din ako (bute nalang nanunuod ako Law and Order)

Anyway, I have my Atty right now, kaso wala pa ako tiwala sakanya kasi parang tamad siya. He wants me to just "bayaran" ang arbiter pero why should I when I am the one na walang gingawang masama????


Pero ayaw ko na sila file ng case ng Qualified theft kasi kawawa ang magiging pamilya nila.


Nag pass nkme posisyon paper, how long ba kaya bago lalabas ang decision?

Maghanap ka ibang lawyer. Sampahan mo sila ng kaso... that way malaman man lang nila na seryoso ka. Kapag sila ay umatras sa DOLE complaint nila sayo e saka mo na lang iurong yung demanda mo sa kanila.
GAwin mo yan para matakot sila.

Thank you! Do you think na mananalo ako? Kinakabahan ako sa lawyer ko e. How can i ask for update sa case?

File the Qualified theft case as a leverage. This will also serve as evidence sa labor case, and in case they win for whatever reason and you will appeal - because cases are decided not always on the merits, such as nagkataon may kakilala/kamag anak ng complainant yung arbiter. This may explain your lawyer's act - to ensure inning or to prevent the other party from paying off the arbiter