legal Free Legal Advice

[perriwinkle]

hi readers, i just need a few survey regarding this case

CASE 1 : MARKETING STRATEGY

Michelle was quickly hired out of the university during the dot-com boom to a company of 100 employees that run an innovative social networking website. she was immediately put in charge of email communications to costumers-both existing and potential. michelle handled all online contact with existing users and was asked to market to these existing online community members via email. but she struggled with finding a balance of the right amount of marketing. with internet competition growing everyday within the social networking websites, these users had plenty of alternatives. flooding their email inboxes, she thought, wasnt the best way to attract them. unfortunately, michelle's boss has a different approach. the vp for marketing wanted results-he wanted existing costumers to upgrade their networking packagesand follow through on advertisements. he told michelle to be aggresive as possible with her email campaigns. she found subtle alternatives to the mass emails. she developed links to the company website to advertisements, but she was not getting the results her boss demanded. one day, when she arrived at the office, her boss said he had a brilliant idea. he said that everybody know someone named cindy anderson, so they could send emails to their users in that name to trick them into opening the email, which would display a link to their website.

what is your moral evaluation? is there any ethical dilemma that michelle faced? if you were michelle, what is your moral disposition?

[perriwinkle]

CASE 2 : FAMILY ISSUES

jojo, an introvert 18 year old working student in Asian Schools of Arts and Sciences, lives in one of the depressed areas in manila. he is the eldest among his 8 siblings. one of his siblings has to stop schooling in high school due to demanding school expenses, 2 of his siblings were supposed to be in the elementary but one is allowed to enroll due to financial deficiency. the rest of his siblings are still in their tended years. his father work as a security guard in a hardware store. his mother does a part time laundry work.

jojo discovered that his father has another woman and is the one financing his studies since first year, he also learned that his mother is 3 months pregnant. he felt overwhelming confused and overburdened on what to do. what is your moral evaluation on this case? what would be your moral disposition if you were jojo?

[pido_32]

CASE 2 : FAMILY ISSUES

jojo, an introvert 18 year old working student in Asian Schools of Arts and Sciences, lives in one of the depressed areas in manila. he is the eldest among his 8 siblings. one of his siblings has to stop schooling in high school due to demanding school expenses, 2 of his siblings were supposed to be in the elementary but one is allowed to enroll due to financial deficiency. the rest of his siblings are still in their tended years. his father work as a security guard in a hardware store. his mother does a part time laundry work.

jojo discovered that his father has another woman and is the one financing his studies since first year, he also learned that his mother is 3 months pregnant. he felt overwhelming confused and overburdened on what to do. what is your moral evaluation on this case? what would be your moral disposition if you were jojo?

 

If I were Jojo, i'll try to muster enough courage to talk to my parents. To tell my dad to stop his philandering and be responsible in raising his children and support his family. I will tell both my parents to stop producing any more children, that they should be responsible parents, that before they ever think of bringinng another child to earth they should have prepared for his/her future. That Jojo, should also strive and try to be a working student to support his schooling and maybe contribute to the family. That Jojo should not give up on his studies, because, finishing school would be his best tool to help his family improve their lives.

[blackbords]

Hello, I would appreciate legal advise on a Labor related matter.

 

My girlfriend's call center has lost an important account in their Makati site. The only option left for them is to move to Clark, Pampanga which is not a viable option for her. If she doesn't move to Clark, she won't have anything to do in Makati and the company will be forced to terminate her employment. My question is: Is it mandated by law to provide severance/redundancy pay or is it company prerogative? In this case, if she stays and waits until her employment is terminated by the company, will she get anything? Is there a specific formulated amount for severance/redundancy pay?

 

I hope someone will help me regarding this matter. Thank you in advance.

[rocco69]

assuming that the closure of the Makati branch is really because they have lost an account and have no other option but to move to Clark (in fact, even if they had not lost an account, a decision DONE IN GOOD FAITH to move to Clark would still be a valid exercise of management's prerogatives), your GF would be entitled to 1 month salary or 1/2 month's salary per year of service, whichever is higher (see Art. 283, Labor Code).

 

Hello, I would appreciate legal advise on a Labor related matter.

 

My girlfriend's call center has lost an important account in their Makati site. The only option left for them is to move to Clark, Pampanga which is not a viable option for her. If she doesn't move to Clark, she won't have anything to do in Makati and the company will be forced to terminate her employment. My question is: Is it mandated by law to provide severance/redundancy pay or is it company prerogative? In this case, if she stays and waits until her employment is terminated by the company, will she get anything? Is there a specific formulated amount for severance/redundancy pay?

 

I hope someone will help me regarding this matter. Thank you in advance.

[Arneeious]

How long does the husband have to be living with the mistress in their house before they (or atleast the husband) can be charged with concubinage?

[rocco69]

If the husband cohabits with his mistress in some other place (not the conjugal dwelling, that is, the home of the husband and wife), the Supreme Court, as early as 1922, has stated, in Peo. v. Pitoc that "the term 'cohabit' means to dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional, transient interviews for unlawful intercourse. Hence, the offense is not a single act of adultery; it is cohabiting in a state of adultery which may be a week, a month, a year or longer."

 

Thus, there is no definite period of time, so long as it is a continuous act of living together, rather than just occasional meetings for sex. in fact, per Peo. v. Pitoc, a week of living together as husband and wife by the accused and his mistress would be sufficient.

 

How long does the husband have to be living with the mistress in their house before they (or atleast the husband) can be charged with concubinage?

[blackbords]

assuming that the closure of the Makati branch is really because they have lost an account and have no other option but to move to Clark (in fact, even if they had not lost an account, a decision DONE IN GOOD FAITH to move to Clark would still be a valid exercise of management's prerogatives), your GF would be entitled to 1 month salary or 1/2 month's salary per year of service, whichever is higher (see Art. 283, Labor Code).

 

Thank you for your assistance, greatly appreciated.

[blackbords]

Follow up question, the management is now trying to terminate people using underhanded tactics under excuses that they were not meeting the performance standards. If they terminate people ahead of time so that they can avoid the payout, is this legal?

 

Before terminating an employee, it would need to undergo "due proces" right? the employee would have to be given a chance to save himself/herself and in this case, if the employee is not meeting the standard, there should have been action done to help him/her improve. In the case that the employee does not improve, it should go through stages before being terminated. Is this right? What's about to happen now is they'll be terminated suddenly.

[kg_snot]

kung kyo po ang tatayong lawyer ng employer, anu po magiging argument nyo para maprove yung twin requirements ng awol? or 50-50 ba ang kaso ni employee or medyo favorable kay employer?

 

lamang ang employee sa kaso na ito. unang-una, sinabi na ng Supreme Court na hindi compatible ang abandonment sa pagsasampa ng reklamo sa Labor, i.e. bakit magrereklamo ang isang tao na tinanggal siya kung tutoong inabandona niya ang trabaho niya. In other words, hindi kapanipaniwala ang depensa na ito, lalo pa (ayun na rin sa iyo), na inilabas nila ang mga notice [kuno] nung naisampa na ang reklamo sa Labor.

 

intindihin mo na rin lang na trabaho ng company lawyer na depensahan yung kumpanya, kaya siyempre, ikakatwiran talaga niya na iniwanan ng empleyado yung trabaho niya. sabi ko nga early on, whether maniniwala ang arbiter sa argumentong ito ay ibang kwento na. anyway, alam na ng abugado mo [o ng PAO] ang mga argumento na gagamitin niya para sa Position Paper nyo. good luck!

sir rocco maraming salamat sa mga replies. update na rin kita sa kaso: for reply this week. abandonment nga ang inilalaban nila at ang mga inattach nilang evidence ay yung memorandum to explain in writing na late for 2 mos. laman ng position paper ng employer puro gawa-gawang istorya lang. as in nagimbento sila. kaya wla silang maattach na evidence. everything na sinasabi nila may evidence kami pangontra.

 

ask ko lang: wla bang punishment sa ganitong acts ng isang company? kasi mapoprove na halos lahat inimbento nila. if they can file a position paper na puno ng kasinungalingan panu pa kaya ang pede nila gawin sa employees nila. at ang prayer nila eh P800,000 for damages. tigas!

[Roubaix]

Follow up question, the management is now trying to terminate people using underhanded tactics under excuses that they were not meeting the performance standards. If they terminate people ahead of time so that they can avoid the payout, is this legal?

 

Before terminating an employee, it would need to undergo "due proces" right? the employee would have to be given a chance to save himself/herself and in this case, if the employee is not meeting the standard, there should have been action done to help him/her improve. In the case that the employee does not improve, it should go through stages before being terminated. Is this right? What's about to happen now is they'll be terminated suddenly.

 

1. Firing or terminating employment is legal, when the procedure becomes flawed, then it is illegal. Not meeting performance standards is not an authorized cause to terminate unless the employment is more than 6 months, the so-called probationary period. The normal is six months, could longer or shorted depending upon the agreement.

 

2. The due process is about notices. AFAIK, the standard is a two (2) notice requirement. First notice to inform the employee the cause of the infraction/cause with a chance to explain. The explanation may or may not be accepted. The second notice is the "firing" notice. If the employee is still in the probationary stage, then failed standards is a good a reason not to make an employee "permanent". Hence, a firing in a sheep's clothing.

[Guest FL]

Tanong ko lang mga sir, My father filed a complaint against his former employer to NLRC last year the decision was released early this year in favor of my father, then the company filed an appeal and the decision to that appeal was released last month favoring my father again.

 

Pwede pa ba mag-file ng appeal ang former employer nya o final na yung decision?

Ilang beses pwede mag-file ng appeal ang respondent sa kaso? Thanks.

[mlpf]

I pa blotter nyo sa pulis station. Tapos padalhan nyo ng demand letter ung ospital, i attach nyo ung blotter copy furnish ang DOJ and DOH. Pag hindi pa rin ni release, sampahan nyo ng illegal detention. Pwede din lumapit kayo sa PAO head office, minsan nag aasssist si Atty. Acosta, and pa media nyo.

 

Aside from the blotter and the demand, threaten to file a criminal case for illegal detention as well as habeas corpus. Let us see if the hospital will give in.

Edited October 1, 2010 by mlpf

[mlpf]

Tanong ko lang mga sir, My father filed a complaint against his former employer to NLRC last year the decision was released early this year in favor of my father, then the company filed an appeal and the decision to that appeal was released last month favoring my father again.

 

Pwede pa ba mag-file ng appeal ang former employer nya o final na yung decision?

Ilang beses pwede mag-file ng appeal ang respondent sa kaso? Thanks.

 

The company can still go up to the Court of Appeals. If the employer still loses, he can still go to the Supreme Court as a final resort.

[SamanthaJones]

Should solo parent leaves (not more than 7 days) be deducted from emergency leaves? How many leaves are employees entitled to in a year?