Constructive Dismissal

Dear Atty,

Last Feb 1, 2011, I signed a 2-year contract (as manager) with my employer. My continued appointment was confirmed after my 6 months in the company. I was on the 7th month of my employment when I was asked to resign by the compay president, my direct supervisor, for reasons (according to him) of stress on his part to guide me.

I appealed to the call for my 'forced resignation' due to complete absence of just and authorized cause. I was threatened with an immediate termination if I will not submit my resignation. Pressures and oppression followed which compelled me to submit my resignation effective immediately (Aug 31, 2011-date and effectivity of my resignation.

Due process (notice and hearing) was not afforded to me. I submit my resignation for fear of economic dislocation if served with an immediate dismissal. I was offered a 2-month salary as separation pay if I resign immediately.

During my employment, I was able to develop tremendously my area of responsibility (training center) which resulted to a sudden huge increase in revenues and major developments of facilities. Before the call for my resignation, (due to the potential of the training center as a major profit center for the company) my boss announced his intention to personally manage the training center. At present, 4 months after my dismissal, the president is now OIC of the training center.

Can I cite constructive dismissal as basis for a complaint for illegal dismissal with NLRC?

Thanks and more power.

yes, it's not too late. it would've been better if you filed it immediately, but 4 months is not too long. ask for reinstatement, not separation pay to bolster your chances.

Thanks Atty for an immediate reply and advise. Regarding the jurisdiction of the case: I am presently staying in Taguig and my company is based in Cavite. Where (regional NLRC office) should I file my case with? I am presently unemployed and no capacity to sustain litigation cost. With little understanding of the law and more further study, can I represent my case without a counsel? Thanks and more power!

go file in quezon city. you have to show you were deceived to accepting the separation pay for your resignation.