legal Free Legal Advice

[Magdaleno Lucban]

On 6/19/2024 at 2:32 AM, khantan said:

Masters, is an increase in minimum wage a valid ground for firing/laying off redundant and low performing employees? 

The termination of employment should be based on Art. 297 (formerly Art. 282) of the Labor Code. Redundancy or low performing employees may be considered valid grounds for termination. To determine the validity of such termination, an employee, who was terminated for the cited reason, should file a complaint with the NLRC Arbitration Branch of the place where the company is located. The NLRC will determine if the termination of the employee is for just cause and the employee was accorded due process. The employer, on the other hand, will have a chance to explain the basis of terminating an employee. 

Whether the ground is valid depends on the individual circumstance of an employee which will be taken into consideration when a complaint is filed with the NLRC by the affected employee. 

[mdp1998]

Hello ngayon ko lang nakita to and seeing I have no other choice really, I'll ask here.

May legal grounds ba ako or any move for the management to give me my severance pay? 

For context kasi, OnlyFans chatter ako. Wala, sideline lang tsaka pampalipas oras lang. Now, sometime last month, tinanggal ako for "security breach" when in reality nalaman lang na kakilala ko lang yung namba-badmouth sa agency ko ngayon. Without any proof shown and only used "based on what we heard" statements, tinanggal ako and stated sa termination na hindi ko daw makukuha yung pay ko that period because of said breach. Of course I reached out and explained my side. I've used private messaging, email, and text pero hindi na nila ako pinapansin. The problem is that wala sa NDA na pwede nila i-deny yung severance ko. 

With that being said, could I do anything to get my pay back at least? I don't like working there anymore because of the PH managers and HR. Sobrang pinepersonal nila yung problem haha. 

Thank you if napansin! 

[curian]

On 7/18/2024 at 8:12 AM, mdp1998 said:

Hello ngayon ko lang nakita to and seeing I have no other choice really, I'll ask here.

May legal grounds ba ako or any move for the management to give me my severance pay? 

For context kasi, OnlyFans chatter ako. Wala, sideline lang tsaka pampalipas oras lang. Now, sometime last month, tinanggal ako for "security breach" when in reality nalaman lang na kakilala ko lang yung namba-badmouth sa agency ko ngayon. Without any proof shown and only used "based on what we heard" statements, tinanggal ako and stated sa termination na hindi ko daw makukuha yung pay ko that period because of said breach. Of course I reached out and explained my side. I've used private messaging, email, and text pero hindi na nila ako pinapansin. The problem is that wala sa NDA na pwede nila i-deny yung severance ko. 

With that being said, could I do anything to get my pay back at least? I don't like working there anymore because of the PH managers and HR. Sobrang pinepersonal nila yung problem haha. 

Thank you if napansin! 

Do you have an employment contract?

[Magdaleno Lucban]

On 7/18/2024 at 8:12 AM, mdp1998 said:

Hello ngayon ko lang nakita to and seeing I have no other choice really, I'll ask here.

May legal grounds ba ako or any move for the management to give me my severance pay? 

For context kasi, OnlyFans chatter ako. Wala, sideline lang tsaka pampalipas oras lang. Now, sometime last month, tinanggal ako for "security breach" when in reality nalaman lang na kakilala ko lang yung namba-badmouth sa agency ko ngayon. Without any proof shown and only used "based on what we heard" statements, tinanggal ako and stated sa termination na hindi ko daw makukuha yung pay ko that period because of said breach. Of course I reached out and explained my side. I've used private messaging, email, and text pero hindi na nila ako pinapansin. The problem is that wala sa NDA na pwede nila i-deny yung severance ko. 

With that being said, could I do anything to get my pay back at least? I don't like working there anymore because of the PH managers and HR. Sobrang pinepersonal nila yung problem haha. 

Thank you if napansin! 

For starters, were you given a letter from management/HR informing you of your offense and requesting you to explain your side of the issue? The letter should also warn you that your employment may be terminated. Second, was there a hearing conducted by management to allow you to explain yourself? Finally, were you given a letter informing you of the decision of management to terminate your employment?

If the foregoing steps were not done, then you were either illegally dismissed or constructively dismissed.

You can file a case in DOLE for illegal dismissal.

[Ninjakvs]

Advice on scammers online? NbI cybercrime ba?

[curian]

Yes sir. NBI Cybercrime.

[Marvinster]

Hi, everyone. Asking for advice about possible termination from employment. 

 

I am a manager in title but function as an individual contributor in my company. I've missed some KPI's as part of my performance evaluation due to the amount of workload and our team lacking manpower so we had to take on additional tasks. I am now asked to explain why I missed these KPI's and may possibly lead to termination on the grounds of negligence / gross misconduct.

 

I was under the impression that since I missed these, I was going to be put in a Performance Improvement Plan and not termination. These misses were not due to negligence, it was just that there were so much to do and I had to prioritize which tasks/projects had to be done. When me and my immediate manager talk 1 on 1, the situation was not explained to me that it was this grave since most of our conversations were jovial.

 

My question is, if I get terminated, would this be illegal termination since I was not given an opportunity for performance improvement? I am pretty sure my immediate manager did not document our 1 on 1's and most of our conversations revolved around which tasks needed to be done at the time, not performance status.

 

I hope you can share your insights with me for the best course of action. I am at the stage where I have to reply to HR's written notice.

[haroots2]

6 hours ago, Marvinster said:

Hi, everyone. Asking for advice about possible termination from employment. 

 

I am a manager in title but function as an individual contributor in my company. I've missed some KPI's as part of my performance evaluation due to the amount of workload and our team lacking manpower so we had to take on additional tasks. I am now asked to explain why I missed these KPI's and may possibly lead to termination on the grounds of negligence / gross misconduct.

 

I was under the impression that since I missed these, I was going to be put in a Performance Improvement Plan and not termination. These misses were not due to negligence, it was just that there were so much to do and I had to prioritize which tasks/projects had to be done. When me and my immediate manager talk 1 on 1, the situation was not explained to me that it was this grave since most of our conversations were jovial.

 

My question is, if I get terminated, would this be illegal termination since I was not given an opportunity for performance improvement? I am pretty sure my immediate manager did not document our 1 on 1's and most of our conversations revolved around which tasks needed to be done at the time, not performance status.

 

I hope you can share your insights with me for the best course of action. I am at the stage where I have to reply to HR's written notice.

The only remedy is technicality.  Madali lang naman sila magsampa ng violations.   First dapat may due process (the most important rule pagdating sa labor case), which I think meron since binigyan ka ng notice ng HR to explain.  Second may rules and regulation ba kayo for negligence and gross misconduct. Is first offense can get you to termination?  

Last resort if lumabas na for termination is negotiate na lang for voluntary resignation.  Kung gusto mo lumaban I think may laban ka mag labor since missing KPI is not automatic  negligence and certainly not gross misconduct unless may evidence sila to prove it. 

Ang mahirap dyan ayaw na sayo ng management so  ipipilit mo pa ba?  For me just get the most out of it na lang.  May separation pay ba kung mag resign ka?  You can always threat for labor case  or even mag pa Tulfo ka para magkaroon ka ng leverage sa negotiation.

 

[KapitanAndres21]

Pag ang isang Contract ba, ay walang termination clause, illegal ba yon? if hindi? is there a way for my friend to amend that contract? 

[Holy Makamundo]

On 7/26/2024 at 5:56 PM, Ninjakvs said:

Advice on scammers online? NbI cybercrime ba?

Good luck lang if ma accommodate ka. Mahaba ang pila at napaka limited ng resources nila. I think andaming nag rerequest for their services right now. Might take months for you to get your request.

[Maykeee]

Aside sa nbi anti-cybercrime unit, pwede din sa anti-cybercrime group ng pnp sa mga online scammers. Kung illegal investment schemes na nagiging scam na din, pwede magcomplain sa enforcement and investor protection department ng SEC. 

[Mang Ricky]

On 8/3/2024 at 2:05 AM, KapitanAndres21 said:

Pag ang isang Contract ba, ay walang termination clause, illegal ba yon? if hindi? is there a way for my friend to amend that contract? 

Legal pa din ang contract kahit wala termination clause. Pede iterminate ang contract sa pamamagitan ng notice sa kabilang partido na galing sa friend mo. Sa notice na yun nakasaad na iterminate na contract, lets say, 90 days.

[Honeycured27]

Friend is married to a narcissistic wife, have 2 kids, 3 and 1. Wife took control over guy's life-finances, relationships and is trying to use them kids as leverage. The woman is very good evading criticisms and would always find something else to throw to guy as defense mechanism. Every now and then the woman would threaten to leave but guy loves her and is very much afraid of losing his kids as they're underage. Both are OFWs in Qatar and kids are staying at mother's side in the Ph. Woman is unwilling to get psychiatric eval since she's aware it might really be NPD. I want to help guy secure visitation/custody of children. How to go about this? Any lawyer who could give good advice and how would you manage this should he take your service? 

[vinsanity23]

On 10/4/2024 at 3:05 PM, Honeycured27 said:

Friend is married to a narcissistic wife, have 2 kids, 3 and 1. Wife took control over guy's life-finances, relationships and is trying to use them kids as leverage. The woman is very good evading criticisms and would always find something else to throw to guy as defense mechanism. Every now and then the woman would threaten to leave but guy loves her and is very much afraid of losing his kids as they're underage. Both are OFWs in Qatar and kids are staying at mother's side in the Ph. Woman is unwilling to get psychiatric eval since she's aware it might really be NPD. I want to help guy secure visitation/custody of children. How to go about this? Any lawyer who could give good advice and how would you manage this should he take your service? 

Father has the right to visit his children, unless court order to the contrary. The wife and her family cannot withhold his access to his children.

[Honeycured27]

15 hours ago, vinsanity23 said:

Father has the right to visit his children, unless court order to the contrary. The wife and her family cannot withhold his access to his children.

This from my friend:

 

"Finally a reply. 🥹

Thank you very much. I am the father, and as of yesterday, my wife isolated me from my side of family. She blocked my relatives and whenever I try to vent out my frustration and grief of disconnecting with my beloved, she gets very aggressive and would often get physical. My life is a downward spiral and I don't want my daughters to grow up like their mother. I love my wife but I want to build a case against her to the point she'll want psychiatric intervention to secure visits with our children/fix our family. I don't really hope for divorce but the enmity between her and my family has been already too big. Here are some reasons:

 

1. I am earning low 6 digits a month--my wife naturally want money for ourselves, we would fight whenever I try to assert control over my income and would often threaten or guilt trip me into submission. 

2. I have a history of cheating{documented} 3 years ago--(not appropriate reason) because I felt like I have lost control over my life since we got married in 2021 (where she had some bouts of infidelity as well{undocumented}. But have changed and shifted focus on work and my daughters. 

 3. My mother and sisters love my kids so much they tend to overstep boundaries and would often get insensitive with my wife. Partly my fault because I failed to establish those boundaries with them. Their intentions were good but wrong application. 

4. My wife has physically abused me whenever we get into fights, had to resort to self defense and would often grab her wrist to make her stop. 

5. She had history of manipulating people to make me look bad. She smeared blood on her face and body from her bleeding ingrown nail and sent pictures to my friends and family claiming I got physical with her.

6. 2 years ago, my father died and my wife started an argument and left me to go to her cousin. After 2 days, she forced me to have sex with her while I'm still devastated with my loss. If I don't comply with any of her sexual advances, she will either guilt trip or accuse me with something else. 

7. She has the tendency to project all her shite on me. Example, whenever I try to seek help/advise from my mom,wife would accuse me of being spineless and a mama's boy yet she always confide to her mom and give full financial support to her family.  Her tendency to be abusive, insensitive will be projected onto me. 

9. I have history of self harm due to severe stress (tried to kill myself) 2 years ago and would seek available psychiatric help this week(if situation permits, since mental health almost doesn't exist in middle east).

I love my kids and I do not want them to grow up in such chaos or broken family. I know I am at levels of unholy stupidity and martyrdom but I don't know what else to do to stay around my kids. Help"