2013 (Labor Law) Bar Exam Questions: Multiple Choice Question 13

[Read and answer/discuss the question below. Or go back to Labor Law Exam Instructions or the 2013 Bar Exam: Information, Discussions, Tips, Questions and Results; Jump to Labor Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 1214, 15, 16, 17 and 18]

XIII. Hector, a topnotch Human Resources Specialist who had worked in multinational firms both in the Philippines and overseas, was recruited by ABC Corp., because of his impressive credentials. In the course of Hector’s employment, the company management frequently did not follow his recommendations and he felt offended by his constant rebuff.

Thus, he toyed with the idea of resigning and of asking for the same separation pay that ABC earlier granted to two (2) department heads when they left the company.

To obtain a legal opinion regarding his option, Hector sent an email to ABC’s retained counsel, requesting for advice on whether the grant by the company of separation pay to his resigned colleagues has already ripened into a company practice, and whether he can similarly avail of this benefit if he resigns from his job.

As the company’s retained legal counsel, how will you respond to Hector? (1%)

(A) I would advise him to write management directly and inquire about the benefits he can expect if he resigns.

(B) I would advise him that the previous grant of separation pay to his colleagues cannot be considered a company practice because several other employees had resigned and were not given separation pay.

(C) I would advise him to ask for separation pay, not on account of company practice, but on the basis of discrimination as he is similarly situated as the two resigned department heads who were paid their separation pay.

(D) I would not give him any legal advice because he is not my client.

(E) I would maintain that his question involves a policy matter beyond the competence of a legal counsel to give.

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