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Quit claim

2 posters

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1Quit claim Empty Quit claim Tue May 24, 2011 10:03 pm

boom101


Arresto Menor

Atty,

Good day to you again! I resigned from my work last week and filed a case sa NLRC against the employer due to constructive dismissal. Our first hearing is on June 9. The office has not received the subpoena yet. The back pay was given yesterday and I was not able to sign the quitclaim form because the HR was busy. Now, they are asking me to come back to the office to sign the quitclaim.

As stated in the quitclaim:
"it says that you waive any claims against the company.you waive any claims against the company"

Question po:

1. Is it okay to sign the quitclaim kahit po nakapag file na ako ng kaso sa NLRC?
2. Will the company take it against me or file a case against me for refusal to sign the quitclaim because of the case I filed at the NLRC?
3. Ma wawalang bisa po ba ang case na na i-file ko sa NLRC kapag pumirma po ako sa quitclaim?

Thank you.

2Quit claim Empty Re: Quit claim Tue May 24, 2011 11:27 pm

attyLLL


moderator

that quitclaim will definitely be used against you in your complaint.

https://www.facebook.com/BPOEmployeeAdvocate/

3Quit claim Empty Re: Quit claim Wed May 25, 2011 8:43 am

boom101


Arresto Menor

Atty,

thanks for your reply.
The company keeps on calling me to sign it today.

Okay lng po ba na hndi ko pirmahan ang quitclaim?

Can it still be used against me even if it is unsigned? Like filing ng kontra demanda dahil sa hndi pag sign?

4Quit claim Empty Re: Quit claim Thu May 26, 2011 5:15 pm

attyLLL


moderator

argue that the quit claim was not a legal precondition to receiving your rightful last salary, otherwise it's their fault that they waived their right. at the mediation conference, say that you'll return the money if the arbiter orders it.

https://www.facebook.com/BPOEmployeeAdvocate/

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