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To: Mr.

Ben Nay
From: Cecile Romero, Attorney at Law
Date: November 30, 2015
RE: Illegal dismissal and Money claims
Dear Mr. Nay,
In this letter, I will provide you with my legal opinion and analysis so you can
make a qualified decision regarding the charges you want to file. I will first
restate the facts, as I know them, to confirm their accuracy. Next, I will provi
de you with an explanation of the law as it applies in your case, and lastly, gi
ve you my opinion on whether you have grounds for filing the cases.
You were engaged by Fr. Ramon to maintain and keep the church and its immediate
premises clean as well as water the plants and the landscape at the church's fa
cade. For these tasks, you were paid P200 per day by for 7 years now. However, o
ne day you run a fever and was unable to do your regular tasks. Fr. Ramon got up
on mad seeing the church filled with dust and dirt and the plants all dried up.
While you were indisposed, he replaced you with another person to do your assign
ed tasks. So when you reported back to the church, you were told that your servi
ces were no longer needed and consequently dismissed. You were then told that no
employer-employee relationship existed between you, therefore, not a labor case
could be instituted against him or the church.
The first query is whether you have a cause of action against Fr. Ramon. Definit
ely, you have a cause of action. Illegal dismissal presupposes a termination fro
m service without just or authorized cause. Your dismissal arose from your failu
re to report to church and do the tasks assigned to you notwithstanding your inc
apacity of doing so due to an illness; this was neither a just or authorized cau
se under our Labor laws.
Secondly, you are an employee of Fr. Ramon of San Pedro Church. He engaged your
services to keep the church and the surrounding area well-maintained and was pai
d a daily wage of P200. He had the power to dismiss you which is the reason for
this consultation in the first place.
Thirdly, you may file a case against Fr. Ramon over which the Labor Arbiter has
jurisdiction since this is a termination dispute.
And, forth, as an employee you are entitled to service incentive leave pay equiv
alent to 5 days with pay for every year of service, a 13th month pay cannot be
availed of in establishments which employ 10 or less number of workers and so is
the payment of wage differentials.
To establish your claims and substantiate an illegal dismissal case, we must pro
ve that there exists an employer-employee relationship between you and Fr. Ramon
. We have already established that the tests to determine whether you have an em
ployer -employee relationship which are present in this case.To this end, we nee
d proof that while no written contract was made for your engagement as an employ
ee, the oral agreement was done expressly.We also need to present your payment s
lips or anything to that effect, That Fr. Ramon dismissed you from work without
just cause when in fact a medical certificate could be produced to validate you
r illness. Finally, and most importantly, we must establish that Fr. Ramon direc
ted the means of your work and the method by which you did them. Only then shall
we be able to convince the labor Arbiter that you were illegally dismissed and
entitlted to the benefits claimed.

I will work with and for you in creating a strong case in your favor if you so c
hoose.
Please do not hesitate to call me with any questions you may have. Also, if ther
e are any misstatements of fact in this letter it is important that you contact
me when possible. Again, it was a pleasure meeting you and I look forward to you
r call.
Most Sincerely,
Cecile Romero

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