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URGENT: is an anonymous letter grounds for termination?

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just_asking


Arresto Menor
Atty, i would like to ask assistance about my concern. i have a pending case in our office brought about by a few of my subordinates. the concern is another person outside our team but within the company is posing anonymously and is writting defamatory remarks against me and my family in twitter, in essence, this person is joining the bandwagon. also it has come to my attention that this anonymous person is also sending emails (anonymously) to our boss. in one of my subordinates focus groups discussion with our boss, they asked if i will coming back to work and he said a definite NO. i'm on preventive suspension and i haven't submitted my reply to the nte yet (i still have 1 more days. my concerns are:

is this a lost cause already because it would seem that our boss already made his judement known even if i have yet to submit my response about the allegations?

do i have a chance of questioning the basis of their decision given that they are entertaining anonymous letters/emails?

can i ask for the company to divulge the identity of this anonymous person?

can i file a libel case against this person?

if the company tells me that they choose to not disclose the identity of the anonymous person can i demand it from them?

should i be entitled to face all my accuser (even the anonymous one) in an admin hearing.

if there is grounds to speculate that the company has been compromised with their decision based on my boss' sytatement, can i file a case for illegal dismissal? what would be the grounds.

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karl704


Prision Mayor
In terminating their employees, employers have to observe due process which includes notice and hearing or conference. First, a notice has to be sent to you specifying the ground/s for terminating the employee and giving him a reasonable opportunity to explain his side. Next, a hearing or conference should be held during which the employee is given the opportunity to explain his side; and finally, another notice has to be served to the employee, this time informing him that upon due consideration of all the circumstances, grounds have been established to justify his termination.

In your case, it seems like this procedural due process has been violated because you were not afforded the opportunity to explain your side as you have not even submitted your reply to the nte; and also, you were not given the final notice of termination.

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just_asking


Arresto Menor
Thanks atty. i already submitted my NTE but due to the lack of confidence that i my case will handled objectively, i decided to just submit my resignation effective immediately. May i know if i am still entitled to back pays and all? And what should i get given that i resigned. Will it have implications on my pending case? Will i still be eligible for sl/vl concersions, prorated 13th month, tax refund (if any) & others?

Our company doesn't have any union or group responsible for employee welfare, where shld one go if they feel that they are being singled-out at work and the bosses are already compromised? Thanks.

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karl704


Prision Mayor
Submitting your resignation amounts to voluntary resignation; thus, you may not be entitled to backwages or separation pay. However, you are still entitled to your last salary, prorated 13th month, tax refunds if any and sl/vl conversions if it is commutable in your company.

You may file a complaint before the National Labor Relations Commission (NLRC)if you feel that you are aggrieved. You may personally file your case there by just filling up the details on a pro forma complaint sheet.

btw, im not a an atty...yet Very Happy

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just_asking


Arresto Menor
Thank you. You may not be a lawyer in title yet but helping people surely does make you on hell of a blessing to us. 😊

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