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Illegal Termination

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1 Illegal Termination on Sat May 12, 2012 10:16 am

Engr6Sigma


Arresto Menor
Greetings.

What actions should we take on this situation:
- My fiancee filed resignation last week (already rendering 30 days notice).
- She notified her supervisor that she can't make it to work in the past 2 days.
- Yesterday, she received a text message from her supervisor that Termination was filed.
- She did'nt get any notification, warnings (verbal, written or any form of coaching communication regarding the attendance issue) before the execution of her termination.

Hoping to get recommendations on the steps we should take. Regards.

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2 Re: Illegal Termination on Sun May 13, 2012 10:00 pm

attyLLL


moderator
you mean she is already terminated, or she is just facing a termination proceedings?


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3 Re: Illegal Termination on Thu May 17, 2012 10:53 am

adc2011


Arresto Menor
Goog morning atty.

Please help me, the hr head gave me a memo yesterday that they were terminating my appointment as OIC effective may 16, 2012 and my employment will continue until May 31, 2012. I am only new with that company and I started only last March 1, 2012. What violations I can complain with them? I was thinking of moral damages and at the same time the short notice they gave me. Is that possible sir? Thanks and hope for your reply. God bless

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4 Re: Illegal Termination on Thu May 17, 2012 8:50 pm

attyLLL


moderator
what is the reason?


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5 Re: Illegal Termination on Thu May 17, 2012 11:16 pm

adc2011


Arresto Menor
Sir,
The reason they gave me was the incurred losses amounting to 1Million where in fact those figures where accumulated amount since Jan 2012 - March 2012. I was only in that bank only last March 1, 2012, I think they are being personal to me because I can't still market their bank. That notice was given to me without reprimanding me first, termination agad. I think they are unfair because I signed the employment contract that I was hired probationary status not contractual that they can terminated anytime they want. I was given 6months as probationary as I quote:
"On or before the end of the 6 month probationary period, the EMPLOYER shall evaluate the performance of the EMPLOYEE and shall, at the option of EMPLOYER, cease the employment of the EMPLOYEE, or extend of continue the employment of the EMPLOYEE in whatever status."
"During the term of the contract, the EMPLOYEE may terminate his employment by serving a 30 day advance notice subject to approval and clearance. Likewise, the EMPLOYER has the right to terminate herein the EMPLOYEE anytime for any cause for any violation of the terms of this contract, the HR Manual, or the Labor Code of the Philippines:"

Sir may laban po ba ako kung ireklamo ko sila sa NLRC?
As far as I know wala ako vilation sa kanila, hihingi sna
ako ng moral damages, my 1 month pay, tax refund and 13 month pay.
Napahiya ako sa ginawa nila to think I was the Branch OIC. I have
no intention of working to them but to know my rights as an Employee.
Please help me sir. Thank you and God Bless.

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6 Re: Illegal Termination on Sat May 19, 2012 11:50 pm

adc2011


Arresto Menor
sir,
follow up po. thanks

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7 Re: Illegal Termination on Wed May 23, 2012 6:38 pm

wintersonata


Arresto Menor
@TS bawal po un dapat po ay merong written warning or memo of his/her violation
and upon recieving the letter he/she has 48hrs to reply/ explain.


ganun po ang process nun you cant just do that..

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8 Re: Illegal Termination on Wed May 23, 2012 8:06 pm

adc2011


Arresto Menor
hi, ano kaya maganda gawin ko? I know they violated some rules sa Labor Code. please help me, what shld I do? thanks

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9 Re: Illegal Termination on Thu May 24, 2012 12:53 pm

wintersonata


Arresto Menor
pwede ka po tumawag sa DOLE jan sa lugar nyo then ask them on what cases should you file...

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10 Re: Illegal Termination on Fri May 25, 2012 3:33 pm

adc2011


Arresto Menor
sir in your own opinion, what cases should I file? Can I ask for moral damages? thanks

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11 Re: Illegal Termination on Fri May 25, 2012 8:37 pm

adc2011


Arresto Menor
another thing since May 15, I was on sick leave and pinapunta ako ng HR head sa branch para iabot ang notice of termination ko, and she told me that my employment is up to May31. Since then hindi na ako pumasok dahil nagkaroon ako trangkaso, I wrote them my request letter for the damages and at the same time for the illegal termination they did without any written warning or asking me to defend myself at the same there is already a replacement who also started last May 16, 2012. Yung hindi ko ba pagpasok after I received their termination letter can be a ground for AWOL? please help needed advice so bad...thanks

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12 Re: Illegal Termination on Sun Jun 03, 2012 9:54 am

Dadoi


Arresto Menor
hi,

how to take action if my status on my previous company was terminated even if i was not. that would be incorrect tagging right?
what happened is that last feb. i was able to get a job on a financial services company a big company however they ended my contract because when they had a background check on my previous company, i was tag as terminated though supposed to be my status would be END OF CONTRACT or RESIGNED.
on my previous company, because i am a call center agent, my account was about to dissolve however they transferred us to a different account, on that account there was a assessment that i need to pass but unfortunately i was not able to pass so the contract was ended. however i submitted a resignation letter but because i was already transferred to a different account, it seems like my resignation letter was not valid. so what i expected is that my status would be end of contract but when my company did a background check my status was terminated, so they ended my probationary contract which is unfair because i believe that it was incorrect tagging. i tried to visit the hr but they can't accommodate me, they wouldn't give any response or document that it was their fault. and now i don't have a job because of that. it's very frustrating.
what actions should i take on my situation?

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13 Re: Illegal Termination on Sun Jun 03, 2012 3:54 pm

adc2011


Arresto Menor
sir follow up po ... thanks

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14 Re: Illegal Termination on Tue Jun 12, 2012 5:21 am

karl704


Prision Mayor
@adc2011, a probationary employee may be terminated at any time before the expiration of the probationary period on two grounds: 1.) just cause; and 2.) failure to meet the standards for qualifications for a regular employment. A probationary employee is, however, entitled to procedural due process prior to dismissal(notice and hearing). Further, an employer's dissatisfaction on your performance must be real and in good faith. Otherwise, you may file a complaint for illegal dismissal.

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15 Re: Illegal Termination on Sat Jun 16, 2012 8:05 pm

attyLLL


moderator
acd, employers are given wide latitude in determining whether you should become a regular employee. you should note that if you file a case, they might withhold vital documents that you will need for future employment.


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16 Re: Illegal Termination on Sun Jun 17, 2012 3:58 pm

adc2011


Arresto Menor
Sir, the termination letter they gave me is without notices. They handed me the letter that they are terminating me on the same day itself. Can i file for illegal dismissal?

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17 Re: Illegal Termination on Sun Jun 17, 2012 3:58 pm

adc2011


Arresto Menor
Sir, the termination letter they gave me is without notices. They handed me the letter that they are terminating me on the same day itself. Can i file for illegal dismissal?

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18 Re: Illegal Termination on Thu Jun 21, 2012 7:15 pm

attyLLL


moderator
if the 6 mos ended on that day then i believe there was illegal dismissal but only until the time you would have reached 6 mos.


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19 Re: Illegal Termination Today at 9:10 am

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