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Constructive dismissal or Illegal termination

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1 Constructive dismissal or Illegal termination on Tue Jul 31, 2012 11:20 am


Arresto Menor
Goodmorning po Atty.
My name is Jay, Hindi ko po alam if what ang claim ko sa problema ko. Ako po ay inalis sa trabaho as college instructor noong July 27, 2012 ng 9 am, ung araw na nagreport ako pagkatapos kong magabsent ng isang araw. Ganito po ang nangyari, Miyerkules, July 25, 2012, may mga studyante na nagreklamo sa akin dahil daw sa presure na binibigay ko sa kanilang subject: quizzes, requirements, at pre-lim exam. These students went to the guidance office and after which the guidance counselor went to my dean to report the said issues raised by the students, my dean then went to call a meeting with all 4th year bsba students. Nasa loob po ako ng room doing my work when she asked me to go out because the meeting is confidential. That moment alone, hndi ko pa inisip na ang meeting ay tungkol sa inirereklamo sa akin. Nalaman ko na lang ito after ng meeting at after ng last subject ko. I went to the Dean's Office, I saw her standing infront of the widely-opened door with the Dean's secretry who happens to be my classmate when we were still in college on the same school where we are working. Immediately na papasok pa lamang ako, she already told me that " I want to keep you but..." Dito pa lang ay hiyang-hiya ako kasi di manlang niya ako binigyan ng chance to explain, I felt humiliated and pre condemned because prior from me approaching her, she already told the secretary about the complaints of the students against me, and she blurted the statement "I want to keep you but..." infront of another person. I felt that my rights to privacy was deprived because all I thought na xa na ang nagsabi na ang issue ay confidential. Ang masakit pa ay pintawag niya ang lahat ng BSBA 4th year students to discussed the matters against me, where in fact only 12 4th year BSBA students lang ang hawak ko under sa subject na Marketing. Napahiya na namn ako kasi, bakit kelangan niyang ipatawag ang lahat ng BSBA 4th year students kung not naman lahat ay studyante ko, anong role ng ibang studyante sa meeting kung hndi naman sila ang concern. Because of this I felt excesiively humiliated, pre judged and pre condemned and deprived of my rights for the confidentiality to save my repuatation and dignity as a professional. Hndi ako nakapag isip ng maayos, at naisipan kung itext ang aking dean na "I will not report by tomorrow..." pero on a second thought I dont want to resign, I want to iron things out, what I did I texted her if kung pwede mag-usap kami privately, she even agreed. By the next day dahil ramdam ko pa ang hiya na diulot nito, I didn't report for work. I was texting her, and reminding her of our agreed meeting, but to no avail. By the next morning July 27, 2012 I went to the school and ready to work, I went first to her office just to give a formal letter to explain my side but not a resignation letter, when suddenly she told me that she already arrange in my replacement, I told her that I didn't resign, she is insistent that my text message is already a proof that I resigned. Sinabbihan ko siya na wala pa kong binibigay na sulat na I am resigning. Again , I felt humiliated and embarassed and treated unprofessionally. Naisip ko kaya siguro ganun ung pag trato niya sa akin kasi dati nia akong studyante. Parang alang due process ang nangyari sa akin. Please advice me if may claim ba ako dito o wala. May contrata po akong pinirmahan good for 1 year. Di po rin nareceive ang last salary ko. tnx

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