Dear PAO,
In our office, I was caught by our security taking home office supplies and reported to my manager. My manager informed me that I had to resign or else I would be subjected to an investigation that could potentially result in my termination and the filing of criminal charges. Given the severity of the threat, I reluctantly submitted my resignation letter. However, I later realized that my resignation was not voluntary but a product of coercion. Therefore, I filed a constructive dismissal case against my employer, arguing that I was forced to resign due to the imminent threat of termination and criminal prosecution. Will my claim for constructive dismissal prosper?
Gilbert
Dear Gilbert,
It appears from your narration that your employer threatened to dismiss you from employment due to violations of both legal statutes and company policies. This implies that your termination would be justified on legal grounds.
If you were dismissed and the accusation against you was not true, then you could have filed a complaint for illegal dismissal. Considering, however, that you have already resigned allegedly against your will, you have a valid case against your employer for constructive dismissal.
An act, to be considered as amounting to constructive dismissal, must be a display of utter discrimination or insensibility on the part of the employer so intense that it becomes unbearable for the employee to continue with his employment. There should be an indication of bad faith or some malicious design on the part of your employer to make your working environment insufferable. (Italkarat 18, Inc. v. Juraldine N. Gerasmio, GR 221411, Sept. 28, 2020, penned by Associate Justice Ramon Paul Hernando).
If, however, there is strong evidence that you took home company properties without permission, the practical thing to do is what you did — resign. That is on the assumption that you committed a violation. In such a situation, your manager showed concern and advised you to just tender your resignation in order for you to avoid being terminated for cause and/or criminally charged. It was not a threat from your manager but rather prudent advice. There is nothing illegal with the practice of allowing an employee to resign instead of being separated for just cause so as not to smear his employment record. (Rey Pablo D. Sicangco v. National Labor Relations Commission and Metro Drug, Inc. GR 110261, Aug. 4, 1994, penned by Associate Justice Isagani Cruz). If the evidence was really strong, the manager was doing you a favor by allowing you to leave the company with an untainted employment record. You can start all over again with a clean slate and no criminal record.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
