Dear Attorney Reyes,
I’ve worked as a senior sales clerk in a family-owned business for 10 years, always doing my best and rarely late. I used to love my job, but things have changed.
The new boss, who took over from his parents, is very different. His parents were kind and respectful, but now the work environment is tense, and the business is struggling.
As a loyal employee, I offered him advice to help, but he didn’t take it well. Since then, he’s been hostile toward me in front of my coworkers and even demoted me to a regular sales clerk. The hardest part is when he’s rude, asking, “Why do you even bother coming to work?”
I feel hurt, scared, and unappreciated. I still love my job, but it seems like the owner wants me gone. Does my work still value me? – Miss Hurt
Dear Miss Hurt,
The workplace often feels like a second home, where we build lasting relationships and earn a living.
However, if the environment becomes toxic, with insults, unfair demotion, and hostility, it can seriously affect your well-being.
In such cases, your employer’s actions may be considered as a “constructive dismissal.” This happens when working conditions become so unbearable that you feel forced to resign, even if you don’t want to.
The Supreme Court has ruled that unfair demotion, constant insults, and hostile behavior by an employer can be considered as constructive illegal dismissal. This includes actions like unfair demotion, verbal abuse, or cold treatment that make it impossible for an employee to continue working.
If the court finds the employer guilty of these actions, the employee may be reinstated to their original position with full benefits and back pay. If the employee chooses not to return, they may be entitled to separation pay.
I hope this advice helps you find a better and more peaceful workplace.
Sincerely,
Atty. Wowie Reyes
