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Rightful Termination of Employment

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1 Rightful Termination of Employment on Wed Sep 26, 2012 2:33 pm

hanzomon


Arresto Menor
Hi,

I know somebody who was out of her work for a few days, he received a Return To Work Order, submitted a proper Resignation Letter, but was Terminated.

Question right now is, was that Termination legal?

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2 Re: Rightful Termination of Employment on Thu Sep 27, 2012 9:19 am

Patok


Reclusion Perpetua
no, that's illegal. There was no due process.. he could file case at NLRC for illegal dismissal.

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3 Re: Rightful Termination of Employment on Mon Oct 01, 2012 3:20 pm

hanzomon


Arresto Menor
Would this hold if the succession of events were as follows:
1: return to work order received

2: employee went to work to look for Manager but the latter was not available, employee went home.

3: 2nd day waiting for the Manager, still not available, left letter of resignation with another Manager. left for home.

4: received notice of dismissal from company.

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4 Re: Rightful Termination of Employment on Mon Oct 01, 2012 4:42 pm

Patok


Reclusion Perpetua
anong nakalagay sa letter, baka ni acknowledged lang naman yung resignation letter nya?

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5 Re: Rightful Termination of Employment on Thu Oct 04, 2012 10:54 am

attyLLL


moderator
did he go to the company to go back to work? did he file a response to the return to work order?

if he will file a case, he should do so asap. being terminated for awol is based on abandonment of position, but filing a case immediately will be considered evidence that there was no intent to abandon


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6 Re: Rightful Termination of Employment on Mon Oct 22, 2012 11:33 am

yan_tadeje18


Arresto Menor
Hello po attorney ako po isang call center agent meron po akong admin hearing sa Human Resource ng aming company issued po ng supervisor for corrective action ang nangyari nung dinala niya po ako sa HR di niya po pinaliwanag kung bakit nung tinatanong ko naman siya kung bakit ang reaction po niya sa tumawa lang po at sinabi sa loob na namin i di2cuss wala po akong idea kung anong reason nung pagdating po namin sa HR dun niya po siya nag issue ng corrective action for termination dahil po sa 1 cx na nagreklamo dahil rude at hung up ang kaso that call happen set 23 pero na issue po ang coorective action oct 16 nung binasa ko po ang aming employee handbook nakasaad po dun na Corrective Action Notices supervisors are bound to take action as specified within 3 days of such action becoming warranted.

Itatanong ko lang po kung may laban po ba ako sa hearing na ito di po sa akin naipaliwanag kung bakit kami poupunta ng HR nang araw na iyon at puwede ko po bang sabihin sa hearing kung ano nakasaad sa aming employee manual..

Salamat po

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7 Re: Rightful Termination of Employment on Tue Oct 23, 2012 6:42 pm

yan_tadeje18


Arresto Menor
Hello po attorney natapos na po ang admin hearing inaantay na lang po ang resulta ng deliberation pero if ever po materminate ang employment ko puwede ko pa din ba mailaban ang na violate base sa aming employee handbook ang nangyari po kasi nung nag issue ang aking supervisor ng corrective action sa akin 2 weeks the incident happen sept 23 pero nakatanggap ako ng corrective action oct 16 base po sa aming employee handbook

Based on the FIS Employee handbook, for CAF notices "Supervisors are bound to take action as specified within 3 days of such action becoming warranted." The termination notice was served on October 16. ano po ang puwede kong gawin sa bagay na ito? Salamat po

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