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FCA Security and General Services Inc. vs. Academia

FCA SECURITY AND GENERAL SERVICES, INC., AND/OR MAJ. JOSE LAID, JR., PETITIONERS, VS. SOTERO M. ACADEMIA, JR. II, RESPONDENT.

G.R. No. 189493 | 2017-08-02

D E C I S I O N
 
BERSAMIN, J.:
 
An employer who alleges an employee's voluntary resignation bears the burden of proving such allegation by clear, positive and convincing evidence. On the other hand, an employee who works as a security guard carries the burden of proving his allegation that he was placed on indefinite floating status, or was constructively dismissed.
 
The Case

The respondent, a security guard, instituted his complaint for illegal dismissal against petitioners FCA Security and General Services, Inc. (FCA) and its general manager, Maj. Jose Laid, Jr. (Maj. Laid, Jr.). In his decision issued on February 28,...