Practice question
After a dispute, a supervisor orders a driver to stop reporting and assigns no further work. The driver immediately requests assignments and files a complaint seeking reinstatement. The employer produces no overt act of voluntary severance but says the driver’s nonattendance conclusively establishes abandonment. Which is best?
- Every instruction to stay away becomes employee resignation
- A blank attendance record conclusively proves intent
- The employer has not established the required voluntary intent; its own exclusion and the driver’s efforts to return materially undermine abandonment
- Only absence matters, so the instructions are irrelevant
- The complaint automatically proves every requested monetary amount
Legal references
- Ador v.T.Osada Logistics, GR265600, February24,2026: https://lawphil.net/judjuris/juri2026/feb2026/gr_265600_2026.html
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