case settlement

im a newbie here. i have of course a . i have this case for 5 years now with my former employer. initially i won with the labor arbiter and reinstatement is the decision plus backwages. and naturally the co. made an appeal which was also dismissed for lack of merit. by the way the ground is fraud and willful breach of trust and willful disobedience.

they filed their MR which i received decision after 2 years, whenever i call nlrc they would tell me that the commissioner retired so a new one entered making the case long to resolved. to my dismay my case was dismissed. we of course made a motion for reconsideration but to no avail. now the case is already in court of appeals.

one of the point in the last decision was that i abandoned my work coz apparently they sent me a letter informing of the reinstatement but honestly i received nothing. but they have this letter coming from our post office that they did send a letter but they never proved that i received any.

im just surprised that after only a month the comapny now is asking me for a settlement which puzzled me. after all these time why now when in fact they are on a better position since our MR was dismissed.

can anyone shed some light here? thanks. btw, i never received any centavo from them since they terminated me. actually they are offering me for a force resignation but i refused since i believe i did not do any harm to them intentionally.

Rusty hair, settlement or compromise agreement is always possibility in labor cases, or in any other case for that matter. I suggest you look into the settlement offer and gave it due consideration. If it's not acceptable then you can always reject it and pursue the case further. Otherwise, your agreement can be made the basis of the court's decision.

Good luck in your case.

Hi fbsensei, my problem is they are the one who is asking me the figure that i want and then from there they will decide if the company can pay for it. but my worry is what if i priced too high or too low? i asked my lwyer actually who is handling the case and he told me that it is up to me .

I'm surprised that your attorney does not give you at least a ballpark figure to work on. Here's a suggestion: Compute the salary that should have had since you were separated from the company and factor other inclusions, such as attorneys fees and administrative costs. The resulting figure should be at least your initial offer to the respondent company. If the latter does not agree with the offer, they can always make a counter offer; you can haggle with them to find an acceptable figure.

Hi again fbsensei. Yes, when I called my atty and asked him about it he just said it is for me to decide. I did what you said though I only compute up to the time the case decision was still in favor of me. As I said when they filed the MR which lasted for 3 long years the case miraculously turned against me. which up to now my atty and i still wonder what happened for them to dismissed whereas they never presented any new proof.

do you think they are offering me a settlement now because i have a good fight?

just for presentation, do u think 400k is fine compared to like 850k which i am supposed to received had they really reinstated me? that is the figure i am asking them for settlement. fair enough?

Thanks really for spending time answering my queries. It really helps!

fbsensei may kilala ba kayong pwede ako matulungan sa case ko? kc feeling ko napapabayaan e. mas ok kung free or un hndi malaki mag ask ng fee kasi employee lang nmn ako. na deny kc ung case ko pagdating sa court of appeals..nakakalungkot talga. di kasi natuloy yung settlement e. sige na pls..tnx.