legal Free Legal Advice

[council]

To constitute a valid dismissal from employment two requisites must concur:

 

a. The dismissal must be for any of the causes provided in Article 282 of the Labor Code, and,

 

b. The employee must be given an opportunity to be heard and to defend himself.

 

The two notice rule must be complied: There must be a notice stating the charges against an employee AND another notice of the decision to dismiss him.

 

Hence, if the termination was not in accordance with the above, the employee may file for Illegal Dismissal with claims for backwages, damages, and reinstatement.

 

Hope this helps.

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In the case of Agabon vs NLRC though, the SC ruled that non-observance of due process does not mean that the dismissal is illegal. The dismissal can still be considered legal provided there was just cause for termination.

[boibastos]

Is there such thing as Free Service Lawyer? Would you think if the service is Free, it will match the service of other Paid lawyers?

 

Just Curious

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Yes, there are. You have the Public Attorneys' Office which is supposed to give free legal services to the public. A Court may also appoint a counsel de officio in cases such as where a party cannot afford a lawyer. There's also the Free Legal Assistance Group (FLAG), I believe they handled Leo Echegaray among others.

 

There are some exceptional cases, but what I observed is (especially with the PAO) you get what you pay for.

[tobleron222]

hey honorable lawyers, was wondering if someone can help me with a predicament...

 

what legal action can i take against an employer who i think fired me for the wrong reasons?

 

your quick replies will be appreciated! thanks much!

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I think providing more specific data will help us give you a more specific answer. Your position and the reasons for termination will matter a lot in determining the proper legal action to take. The consequences of terminating managerial employee as compared to a rank and file are different.

[tobleron222]

Is there such thing as Free Service Lawyer? Would you think if the service is Free, it will match the service of other Paid lawyers?

 

Just Curious

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alternative

 

Legal aid office of some accredited law schools; wag na lang natin i-post un name

[tobleron222]

Mga Honor....tanong po

 

Legal po ba na humingi nang COE sa current company and previous company stating the complete and detailed job description and position/rank?? (like ako gagawa paparimahan ko lang sa kanila or via lawyer?)

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yup, legal na legal po, wala pong masama dun, in fact business community encourages the practice and the reason lies in the principle of reciprocity.

[Fî$hKęŊ]

maraming salamat tobleron ur honor.........

 

sabihin mo na lang sa akin sa wed

[vicaner]

guys i once posted a query here a while ago bout my media player, appreciated the response but i still havent been able to fix it. I still get the message : ' an internal application error has occured" and then nothing else. media player just doesnt run. i have winxp pro with sp2, media player 9 series. i have tried uninstalling it (no luck) tried deleting the media player files manually but for some reason, it keeps popping back in and i cant delete the folder itself "cannot delete windows media player: it is being used by another person or program" when i didnt even load it or used it! what the frag! tried wiping it with a couple of programs that i have that says it will permanently delete the files (no luck) uninstalling it through remove/add windows component. tried upgrading to windows media player 10 (still the same message after upgrade) what on earth should i do? tried uninstalling all my video codecs as well (for those who suggested this before tried it na rin, no luck) no worries naman kasi i use media player classic as my default player but i have some programs (microsoft encarta) that needs it to run. any more suggestions? thanks.

[Guest Leviticus]

guys i once posted a query here a while ago bout my media player, appreciated the response but i still havent been able to fix it. I still get the message : ' an internal application error has occured" and then nothing else. media player just doesnt run. i have winxp pro with sp2, media player 9 series. i have tried uninstalling it (no luck) tried deleting the media player files manually but for some reason, it keeps popping back in and i cant delete the folder itself "cannot delete windows media player: it is being used by another person or program" when i didnt even load it or used it! what the frag! tried wiping it with a couple of programs that i have that says it will permanently delete the files (no luck) uninstalling it through remove/add windows component. tried upgrading to windows media player 10 (still the same message after upgrade) what on earth should i do? tried uninstalling all my video codecs as well (for those who suggested this before tried it na rin, no luck) no worries naman kasi i use media player classic as my default player but i have some programs (microsoft encarta) that needs it to run. any more suggestions? thanks.

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^^^ Try to do the above procedures in SAFE MODE

[pogingpogi2x]

pwede ba magamit ang workstation na may windows 2000 OS na di mo alam yung admin password, o wala kang account? anyone?

[pogingpogi2x]

pwede ba magamit ang workstation na may windows 2000 OS na di mo alam yung admin password, o wala kang account? anyone?

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Loptop DELL Latitute LS

OS: windows 2000 pro

FDD: none

Cd: None

USB: 1

 

help anyone?

[Guest k....]

Loptop DELL Latitute LS

OS: windows 2000 pro

FDD: none

Cd: None

USB: 1

 

help anyone?

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pre it would help if you could tell us what acct type you're using to log on, or if youre connected to a domain and you have network admin accts/roaming admin profiles

 

have you tried logging in using the "Administrator" acct, and just leave the pword field blank? 80% of the time on laptops initial users dont mind setting a pword for this default local admin acct,

[Guest k....]

^^^ Try to do the above procedures in SAFE MODE

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yeah good thinking, safe mode. windows has this habit of "protecting" core OS files, i think this isnt the case in safe mode.

 

if you say you tried using 3rd party apps to delete the files to no avail, there might be a hard drive issue. try chkdsk /r ..but then again it just might be sys file protection that's keeping those files from getting deleted

 

tried WMP10? it might not be the player itself but some windows subsystem. you can always do a dirty reinstall/repair

 

and what do you exactly mean "classic WMP"? is that the 3rd party app? as far as i know XP doesnt let you run classic (v.6.4, et al) on XP, or anything less than WMP8 for that matter.

 

if all else fails, taena debug-fdisk-format-reinstall na!

[tobleron222]

sure, no prob

[pogingpogi2x]

pre it would help if you could tell us what acct type you're using to log on, or if youre connected to a domain and you have network admin accts/roaming admin profiles

 

have you tried logging in using the "Administrator" acct, and just leave the pword field blank? 80% of the time on laptops initial users dont mind setting a pword for this default local admin acct,

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already tried yung blank pass pero di pwede, guest acct is disabled... let say sum1 give u a loptop na may OS na windows 2000 pro, pero hinde nya sinabi yung password ng admin.. pano gagawin mo?

[vicaner]

bro leviticus - i was trying to do that actually as I have before encountered a malevolent program that doesnt want to get uninstalled and keeps popping back in the system (got rid of the sucker though by going into safe mode and thrashing it to hell from there) but unfortunately when I try to go to safe mode now my pc restarts itself for some reason, i get a glimpse of a message thingie that I dont get to fully read coz it starts up so fast. nothing is wrong with the system except for this two things = media player problem and not being able to go to safe mode. any more ideas? I'm planning to get a new hard drive and doing a fresh install but I want to know what the problem is.

 

kwol yep, thats the third party application which I use to play my manga movies and series (change subtitles/change audio : capabilities eh) also, i tried upgrading it to WMP 10 already as listed on the post but to no avail. and yep, I am currently in the market to get a new hard drive and do a fresh intall, back up that old hard disk and format the hell out that WMP 9 bastich.

Edited August 30, 2005 by vicaner