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Illegal Termination

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1 Illegal Termination on Mon Aug 27, 2012 5:56 am

kimchui1985


Arresto Menor
I am working in call center in QC. Aug 2, I went to the hospital and I was told by the doctor that I should stay at home and have rest for atleast 3-4days. The same, I called the company's Workforce (take phone calls from company's employee to avoid No Call No Show) to let them know that I wont be able to work for 3 days as per doctor's adv. After 3 days, I was told that the company changed my employee status in to "inactive" and was charged AWOL. I wanted to dispute that because I called the Workforce team and I still have the reference#. Our team manager said, Ill be receiving an RTWO and what i need is to comply and present the med cert to dispute the AWOL. I did that and the company clinic approves the med cert. After that, my team manager said that they are working on my employee status so i could work again. After a week, I received a letter of termination and was told that i didnt comply to the RTWO. I am planning to go to NLRC tomorrow. DO you think I will win the case once I complain and sue them? They are planning to expedite my status to "active" but being practical, I am planning to win this case and let them get penalized. Please give me some advices... Thanks!

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2 *personal opinion, not a legal expert* on Mon Aug 27, 2012 6:23 am

breonsee


Arresto Menor
if i were on your shoes, as long as i have compelling evidences and proofs that i wasnt guilty oif their allegations, id certainly fight for my right. Compile all the memos/docs they have issued cause you'll be needing that when you go to nlrc. And if u still have the time of call and your phone record that you did call on that day, show them that as well.

But i also would like you to be mindful that if u still plan to stay in that company after all, be prepared of the cold treatment they might give you.

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3 Re: Illegal Termination on Mon Aug 27, 2012 6:32 am

kimchui1985


Arresto Menor
I still have the reference# that I called Workforce that day. I already submitted my Med cert to our company clinic but if i needed to get a duplicate, I can still go the hospital and ask for the record. I also have the email thread from the company's clinic stating that they received and approved my med cert. I already talked to my supervisor and shes willing to help me. she knows that its our clinics fault and workforce management. I have all the letters they have sent. And I also have the Company's Code of conduct guide that we signed recently.

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4 Re: Illegal Termination on Tue Aug 28, 2012 4:01 pm

kimchui1985


Arresto Menor
wala pa bang response from atty?

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5 Re: Illegal Termination on Tue Aug 28, 2012 5:27 pm

NLRC is the best place to go. Kung totoo yung statement mo above, they can reinstate you along with payment for days na hindi ka pinapasok. goodluck.

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6 Re: Illegal Termination on Tue Aug 28, 2012 8:03 pm

kimchui1985


Arresto Menor
atty_kristeto_makatao wrote:NLRC is the best place to go. Kung totoo yung statement mo above, they can reinstate you along with payment for days na hindi ka pinapasok. goodluck.

Thanks ATTY for the adv. I just have a follow up question. If in case that I push for this complain, aside from the days that I havent able work, am I able to ask for some damages like emotional damages, inconveniences, etc.? All of the statements above are true. Will I get a big chance for this matter?

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7 Re: Illegal Termination on Tue Aug 28, 2012 8:05 pm

kimchui1985


Arresto Menor
Do I need to hire a lawyer to expedite the process? Or will I just let NLRC do the process?

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8 Re: Illegal Termination on Tue Aug 28, 2012 11:58 pm

drummer_boy999


Arresto Menor
It is best that you go to a lawyer, from the foregoing facts, when they changed your status to "inactive" I believe that your employer have already constructively dismissed you from your employment and having done that without according you due process amounts to illegal dismissal.

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9 Re: Illegal Termination Today at 2:02 am

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