Dear Atty. Gab,

Musta Atty! I’m writing to you because I’m really confused and stressed about leaving my job last month. I worked as a team leader for ‘Synergy Tech Solutions’ in Makati for almost three years. My performance reviews were consistently good, and just last January, I even got a small raise and was praised for my team’s output.

However, things changed drastically around March. My direct supervisor, Mr. Reyes, suddenly started finding fault with everything I did, often criticizing me openly during team meetings, which was humiliating. He then reassigned my core responsibilities to a junior member and gave me new, very complex tasks involving software I had no training for, saying it was a ‘development opportunity.’ He also changed our team’s incentive plan without much warning, making the targets almost impossible to reach, which significantly cut my potential earnings.

Mr. Reyes made comments like, “Maybe you’re not cut out for this level of pressure,” and “Perhaps it’s time to think about your future here.” It felt like he was trying to push me out. The stress became unbearable, affecting my health. During a particularly tense meeting, he told me I had ‘two weeks to figure things out.’ Feeling cornered and seeing no other option, I submitted a resignation letter stating I was leaving to ‘seek new challenges,’ effective immediately. He accepted it on the spot. Now, looking back, I feel I didn’t really want to leave but was forced into it. Was this constructive dismissal? What are my rights?

Thank you for any guidance you can offer.

Sincerely,
Maria Hizon

Dear Maria,

Thank you for reaching out and sharing your difficult experience. It’s completely understandable why you feel confused and distressed about the circumstances surrounding your departure from Synergy Tech Solutions. Leaving a job under such pressure is never easy.

Your situation touches upon a critical area of Philippine labor law: the distinction between voluntary resignation and constructive dismissal. While you submitted a resignation letter, you feel the events leading up to it created an environment where you essentially had no choice but to leave. Determining whether your departure constitutes constructive dismissal involves examining the specific actions of your employer and whether they made your continued employment impossible, unreasonable, or unlikely.

Understanding When Resignation Might Not Be Voluntary

In Philippine labor law, employers are generally prohibited from terminating employees without a just or authorized cause and without observing due process. However, sometimes an employer might make working conditions so intolerable that the employee feels compelled to resign. This is what the law recognizes as constructive dismissal.

It’s defined as a situation where an employee quits because continued employment is rendered impossible, unreasonable, or unlikely. It can also occur when there is a demotion in rank or a significant diminution of pay and other benefits. The core idea is that the employer engages in acts of clear discrimination, insensibility, or disdain that become unbearable for the employee.

“Constructive dismissal is defined as quitting or cessation of work because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution of pay and other benefits. It exists if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment.”

The crucial test is whether a reasonable person in your position would have felt compelled to give up their employment under the circumstances you faced. It’s an objective test, meaning it considers how a typical person would react, not just your personal feelings, although your experience is the basis for the evaluation.

On the other hand, resignation is understood as a voluntary act initiated by the employee.

“Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment.”

Because you submitted a resignation letter stating you were seeking new challenges, the burden of proof shifts to you. You need to establish with clear, positive, and convincing evidence that your resignation was not voluntary but was, in fact, forced upon you through acts amounting to constructive dismissal. This means showing that your employer’s actions were designed to make you leave or created an environment so hostile or unreasonable that resignation was your only real option.

You mentioned feeling pressured, criticized, having your responsibilities changed, and your incentive scheme altered negatively. You also mentioned comments suggesting you should leave and being given ‘two weeks to figure things out.’ While these actions, taken together, could potentially support a claim of constructive dismissal, proving it can be challenging. Mere dissatisfaction, sensitivity to remarks, or disagreement with management decisions might not be sufficient. The pressure must be significant enough to be considered coercion or intimidation.

Coercion requires a reasonable fear of imminent harm. Intimidation, to invalidate consent (like signing a resignation letter), generally involves:

“(1) that the intimidation caused the consent to be given; (2) that the threatened act be unjust or unlawful; (3) that the threat be real or serious…; and (4) that it produces a well-grounded fear from the fact that the person from whom it comes has the necessary means or ability to inflict the threatened injury…”

Ambiguous statements from a manager might be interpreted differently and may not automatically constitute unlawful pressure. However, a pattern of harassment, significant changes in duties without support, and remarks designed to push you out could collectively create an intolerable environment. The change in the incentive scheme, especially if done without proper notice (some company policies, like the one discussed in the source material, might require a 30-day notice), could also be a factor, potentially constituting a diminution of benefits if it drastically reduces expected earnings without justification.

Ultimately, the determination hinges on the specific facts and evidence presented, assessed against the legal standards for constructive dismissal and voluntary resignation.

Practical Advice for Your Situation

• Gather Evidence: Compile any emails, memos, performance reviews (before and after the change), witness accounts (if colleagues are willing), or notes you took documenting the incidents of criticism, changes in duties, discussions about the incentive plan, and the specific comments made by Mr. Reyes. Dates and details are crucial.
• Evaluate the Resignation Letter: The fact that you wrote a resignation letter stating conventional reasons (‘seeking new challenges’) can be used by your employer as evidence of voluntariness. You will need strong evidence to overcome this.
• Assess the ‘Harassment’: Consider the nature and frequency of the criticisms and pressure. Were they isolated incidents or a sustained pattern? Did they create a truly unbearable working environment according to a reasonable person standard?
• Analyze the Change in Duties/Incentives: Was the change in duties a legitimate business decision or designed to set you up for failure? Was the incentive change applied fairly, and was proper notice given according to company policy or practice? A significant, unjustified diminution in pay or benefits can be a strong indicator of constructive dismissal.
• Consider the ‘Two Weeks’ Comment: Mr. Reyes telling you to ‘figure things out’ in two weeks could be interpreted as pressure to resign or even a veiled threat of termination. Document the exact words used and the context.
• Consult a Labor Lawyer: Given the complexities, it is highly advisable to consult with a labor lawyer. They can review your specific evidence, assess the strength of a potential constructive dismissal claim, and advise you on the feasibility and process of filing a complaint with the NLRC (National Labor Relations Commission).
• Be Aware of Time Limits: There are prescriptive periods (time limits) for filing labor complaints. Generally, the period for filing an illegal dismissal complaint is four years from the time of dismissal. Act promptly if you decide to pursue legal action.
• Manage Expectations: Proving constructive dismissal after submitting a resignation letter is difficult, though not impossible. Be prepared for a potentially lengthy and challenging process.

It’s clear you went through a very trying period at your previous job. Evaluating whether the actions taken against you legally amount to constructive dismissal requires a careful look at all the facts and evidence through the lens of Philippine labor law.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.