legal Free Legal Advice

[jopoc]

what are your views on regulating professionals, not just lawyers, but the likes of doctors, architects, engineers, etc? anybody can answer.

 

 

the PRC pr Professional Regulatory Board is the one tasked to make sure our professionals are doing their job/s properly. that is their mandate.

[Guest xHANGMANx]

Do we have any Labor Lawyer in the House?

 

here is the scenario

 

If you resigned from your employer and they asked you to go on terminal leave 20 days before the effectivity of your resignation and you were not yet able to accomplish complete turn over of your responsibilities (any pending work, cash advances)

 

then you inquired how your clearance will be processed and they gave you a verbal assurance that they will take care of it

 

then after more than a month, they send you a letter listing down items that according to them you failed to accomplished and they are ordering you to explain why such were remained unfinished

 

am I still legally required to answer their queries?

 

if not answering their queries delays the issuance of my clearance, what are my legal options?

 

if I answered their letter with this "asking me to go on terminal leave is tantantamount of clearing me of any outstanding responsibilites", am I correct on this line of reasoning?

 

with my reasoning above, they send me a letter threatening criminal prosecution if I don't reply to their queries, do I have legal right to sue them and claim moral damages?

 

would appreciate your answer even if you are not a practicing labor lawyer

[dictum]

Do we have any Labor Lawyer in the House?

 

here is the scenario

 

If you resigned from your employer and they asked you to go on terminal leave 20 days before the effectivity of your resignation and you were not yet able to accomplish complete turn over of your responsibilities (any pending work, cash advances)

 

then you inquired how your clearance will be processed and they gave you a verbal assurance that they will take care of it

 

then after more than a month, they send you a letter listing down items that according to them you failed to accomplished and they are ordering you to explain why such were remained unfinished

 

am I still legally required to answer their queries?

 

if not answering their queries delays the issuance of my clearance, what are my legal options?

 

if I answered their letter with this "asking me to go on terminal leave is tantantamount of clearing me of any outstanding responsibilites", am I correct on this line of reasoning?

 

with my reasoning above, they send me a letter threatening criminal prosecution if I don't reply to their queries, do I have legal right to sue them and claim moral damages?

 

would appreciate your answer even if you are not a practicing labor lawyer

 

 

When they asked you to go on "terminal leave" 20 days prior to your intended resignation date, was this in writing? if so, you better keep that letter. If it was not in writing, I suggest you write them a reply letter and emphasized that you intended to make proper turn-over, liquidation and accounting but was pre-empted from doing so, when they directed you to go on terminal leave coupled with the assurance that your clearance would be properly taken care of.

 

I further suggest that you request for details and copies of supporting documents in connection with the supposed "list of items" that you were not able to finish before you reply to their inquiries and even before you make an explanation. While it would always be prudent to reply and give an explanation, however, try to ascertain first if the letter is "inquisitorial" or accusatory, that is, if you think that your explanation wont matter anymore and that the company is hell-bent on filing criminal cases against you, then, dont explain anymore. Just request for supporting documents. If you do decide to make an explanation, make it short and concise. Remember, less talk, less mistake.

 

Hope this helps.

[Waterbearer]

Do we have any Labor Lawyer in the House?

 

......

Just gather all supporting documents stemming from the query, Dictum is right, less talk, less mistake. I think mostly verbal ang mga arrangements ninyo so it's a my word vs. yours kinda thing. No offense dude pero ang sa akin lang kasi, it doesn't necessarily follow na they gave you a terminal leave e pwede ka nang maging negligent sa duties mo. You knew this outcome was possible and yet you failed to prepare. Again tama si Dictum, honga....what's the use of explaining when they are hell-bent of filing a case against you.....fraud is one since may cash na involved. Kung pwede pang maareglo, sana maareglo....in the end, ikaw din ang talo sa scenario na ito......think of it this way, unless your hiding something, last hurrah na nila ito.....after this, you don't have to deal with them anymore....kung di naman ganun kabigat ang hinihingi nila sa yo, baka naman pwede mo na lang tapusin ang pwede pang tapusin...maglelegal action pa kayo e pwede naman pagusapan yan internally....less stressful yon

Edited August 24, 2006 by Waterbearer

[silvercross0816]

thanks..

 

her kids are aged 4 & 2yo.

 

the 3rd question was:

CAN Ms. X file a case of abandonment? Since 2 years na walang communication/paternal visits.

 

 

i think Waterbearer has made a point on this (question on abandonment). Ms. X can however, as earlier adviced, seek court intervention and ask for support.

[Dr_PepPeR]

When they asked you to go on "terminal leave" 20 days prior to your intended resignation date, was this in writing? if so, you better keep that letter. If it was not in writing, I suggest you write them a reply letter and emphasized that you intended to make proper turn-over, liquidation and accounting but was pre-empted from doing so, when they directed you to go on terminal leave coupled with the assurance that your clearance would be properly taken care of.

 

I further suggest that you request for details and copies of supporting documents in connection with the supposed "list of items" that you were not able to finish before you reply to their inquiries and even before you make an explanation. While it would always be prudent to reply and give an explanation, however, try to ascertain first if the letter is "inquisitorial" or accusatory, that is, if you think that your explanation wont matter anymore and that the company is hell-bent on filing criminal cases against you, then, dont explain anymore. Just request for supporting documents. If you do decide to make an explanation, make it short and concise. Remember, less talk, less mistake.

 

Hope this helps.

 

 

Just gather all supporting documents stemming from the query, Dictum is right, less talk, less mistake. I think mostly verbal ang mga arrangements ninyo so it's a my word vs. yours kinda thing. No offense dude pero ang sa akin lang kasi, it doesn't necessarily follow na they gave you a terminal leave e pwede ka nang maging negligent sa duties mo. You knew this outcome was possible and yet you failed to prepare. Again tama si Dictum, honga....what's the use of explaining when they are hell-bent of filing a case against you.....fraud is one since may cash na involved. Kung pwede pang maareglo, sana maareglo....in the end, ikaw din ang talo sa scenario na ito......think of it this way, unless your hiding something, last hurrah na nila ito.....after this, you don't have to deal with them anymore....kung di naman ganun kabigat ang hinihingi nila sa yo, baka naman pwede mo na lang tapusin ang pwede pang tapusin...maglelegal action pa kayo e pwede naman pagusapan yan internally....less stressful yon

 

Excellent advice from the two gents. Prepare for a fight by documenting everything. The first step is asking for a bill of particulars or the specifics of your alleged offense. Also put in writing the fact that you were asked to take a terminal leave. Be careful of what you write down with the perspective that this can be used against you.

[Guest xHANGMANx]

When they asked you to go on "terminal leave" 20 days prior to your intended resignation date, was this in writing? if so, you better keep that letter. If it was not in writing, I suggest you write them a reply letter and emphasized that you intended to make proper turn-over, liquidation and accounting but was pre-empted from doing so, when they directed you to go on terminal leave coupled with the assurance that your clearance would be properly taken care of.

 

I further suggest that you request for details and copies of supporting documents in connection with the supposed "list of items" that you were not able to finish before you reply to their inquiries and even before you make an explanation. While it would always be prudent to reply and give an explanation, however, try to ascertain first if the letter is "inquisitorial" or accusatory, that is, if you think that your explanation wont matter anymore and that the company is hell-bent on filing criminal cases against you, then, dont explain anymore. Just request for supporting documents. If you do decide to make an explanation, make it short and concise. Remember, less talk, less mistake.

 

Hope this helps.

 

 

 

the letter was already accusatory

 

 

 

because we used the reasoning that asking an employee to go on terminal leave was tantamount on clearing all his responsibilites, they are threatening with criminal prosecution

 

 

 

the order to go on terminal leave was verbal, issued by the HR Manager and his direct Manager

 

 

 

what they are saying in the letter was that the employee intentionally concealed all the outstanding matters from the management, that he willfully neglected all his duties until he left

 

 

 

the reason the employee resigned was due to friction between him and his boss

 

 

 

to avoid escalating this friction, he resigned

 

 

 

but I think his boss is now extracting revenge

 

 

 

by the way, all the neglected items they are accussing the employee of not finishing, they can also point the finger to his boss why such were not settled on a timely basis under her watch

[kelvin]

i already did what u recommended before so i guess hanggang gan2 nlng talaga ung pc.

 

i'm planning to buy one pero i'll still keep this. pwede p pang school work. can u recommend me a nice set-up, ung d cguro kailangan magupgrade for the next three years.

 

Hindi ako masyadong expert when it comes to hardware device.

pero on my opinion, if im going to set a new computer

i will buy a dual processor motherboard, with atleast 3 PCI slot, external video card and if possible with SCSI

reason for this, almost new windows OS support dual processor. kung meron kang 2.5GHZ multiple by 2 ang tulin na nito...

also when it comes to games, you can upgrade you video card. and if your not satisfied with two harddrive, u can buy scsi harddrive as an addtional, not thinking for external harddrive first.

and buy a minimum og 512MB of RAM.

New boards today has a built-in LAN and sound card, for me ok na ito.

 

medyo costly nga lang kung iisipin mo, medyo pang server setup. pero think of the time, quality and performance of your PC. siguro after 7 years kapa mag papalit nito. make sure lang na maganda offer ng warranty, atleast 2 to 3 years.

 

well i hope tama ang pinag sasabi ko dito.

[Mr.Whiteguy]

My comp, is very slow when i turn it on, kc so many programs automaticly start up! I know u can change that, but don't remember how. Anybody can help me?

[tobats04]

My comp, is very slow when i turn it on, kc so many programs automaticly start up! I know u can change that, but don't remember how. Anybody can help me?

 

 

try typing Start->Run->Msconfig

 

this are the items you use during bootup

but be careful on what you select or unselect esp. the windows system programs

or else your PC might crash

 

or check your Startup items on Start->All Programs->Startup

and delete the programs you don't use

[tobats04]

My comp, is very slow when i turn it on, kc so many programs automaticly start up! I know u can change that, but don't remember how. Anybody can help me?

 

 

try typing Start->Run->Msconfig

 

this are the items you use during bootup

but be careful on what you select or unselect esp. the windows system programs

or else your PC might crash

 

or check your Startup items on Start->All Programs->Startup

and delete the programs you don't use

[neraak]

e_T TM(Superscript yungTM) lumalabas pag raright click ko yung flash drive ko.. is this a new virus? help naman po.. tnx in advance..

[Kurtsky Keigee]

Have a problem

Before I used to be able to rip DVD's to xvid or as data in VIDEO_TS folders.

Using DVD Shrink/1 Click DVD Copy/Imtoo DVD Ripper

But recently whenever I use these programs to rip to Xvid format

I get this error

 

Kinda weird I have a SOny DRU 810A DVD Writer and I patched it with the latest firmware.

I dont know how to set the region code and could I make this region free? Is it safe? How?

The only way for me to copy DVD's now is using the explore and copy folders basics...

 

I wanted to rip one DVD to DivX sana, I already have Any DVD and DVD Region+CSS Software pero wala parin. Same Error. Sa DVD Srink naman ayaw basahin ung mga DVD's when I rip them.

[il_jr]

e_T TM(Superscript yungTM) lumalabas pag raright click ko yung flash drive ko.. is this a new virus? help naman po.. tnx in advance..

 

seems like one, have a couple of those a few months. hanggang sa nagkagulo yung filesystems ko. usually sa usb devices sya nagkakalat, virus name is enfal.d (according to kaspersky) and was removed by kaspersky though the e_ttm on my usb did not change. this thing affects the autoplay of usb device when inserted.

 

To remove the e_ttm from your usb. copy all files from usb to hard drive then format the usb drive. copy all the files back. then try if it returns to normal. if it doesn't then infected pa din ang hard drive mo. usually the virus hides itself as netsvcs.exe or .com nakalimutan ko na.

 

hope this helps.

[il_jr]

Have a problem

Before I used to be able to rip DVD's to xvid or as data in VIDEO_TS folders.

Using DVD Shrink/1 Click DVD Copy/Imtoo DVD Ripper

But recently whenever I use these programs to rip to Xvid format

I get this error

 

Kinda weird I have a SOny DRU 810A DVD Writer and I patched it with the latest firmware.

I dont know how to set the region code and could I make this region free? Is it safe? How?

The only way for me to copy DVD's now is using the explore and copy folders basics...

 

I wanted to rip one DVD to DivX sana, I already have Any DVD and DVD Region+CSS Software pero wala parin. Same Error. Sa DVD Srink naman ayaw basahin ung mga DVD's when I rip them.

 

sir, it must be a bad dvd copy. try dvd decrypter i used to use this before when I'm still active copying dvds