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Illegal Dismissal of a pregnant woman

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1 Illegal Dismissal of a pregnant woman on Sun Oct 21, 2012 11:07 pm


Arresto Menor
Hi Atty,

I am a Sales Supervisor working for almost 4 yrs in a company. I am due to give birth on Nov. 08, 2012. I was illegally dismissed on Oct. 01, 2012 after a preventive suspension filed against me last Sept. 04.

Since my first year in the company, I have been a consistent top in sales. There had been no complains filed against me. I had worked at my best and my clients and staffs can testify on that. I work on field, so I visit my clients regularly.

Just recently, September 04, our Managing Director summoned me and issued me a Notice to Respond and Preventive Suspension (from Sept. 04-Oct. 04). According to the notice, there had been an incident report filed against me last Aug. 17, 2012. I was alleged by my Sales Manager of Falsely reporting non-existing or unauthorized expenses to obtain money from the company (Wrong Liquidation-we are given transpo and meal allowances); and Falsifying Time Keeping Records (stating untrue or false itinerary) due to some irregularities on my Liquidation and Itinerary Report last July 25.
I have no idea about the incident report filed against me since i did not receive any IR about that incident, nor was I questioned or interviewed by my immediate superior during that time. Although according to the Managing Director, they conducted an Investigation daw and interviewed my staffs. But they did not get my side of the story during their investigation. They did not even asked me nor gave me the chance to explain myself. They did not even went to the client and confirmed if I really went there. Enough na daw yung statement given by the staffs.
It was only until I received the Notice to Respond and Preventive Suspension handed to me by the Managing Director that I was informed na may Incident report filed against me pala. The Managing Director told me that pending the resolution of my case, I will be placed under preventive suspension and that I am given 5 days to submit my written response.
*I was shocked because I was immediately suspended when infact hindi pa ako nakakapagbigay ng statement ko.
>Possible po ba yun na ilagay ako agad under Preventive Suspension? Kahit hindi pa ako nakakapagbigay ny statement ko?

*I submitted my response immediately last Sept. 05.

*The Managing Director summoned me last Oct. 01 and told me that I am dismissed. She handed to me the Dismissal Notice but I just READ IT but DID NOT SIGNED IT. She forced me to sign it but she told me that due to my long years of service to the company, I can just file my resignation and she will give me within the day to decide. I did not file my resignation. I also did not report on the following days. I spent those days getting evidences, statements from clients and certifications from the guards (Log-in and Log-out records from clients' guards). I plan to file a complaint on NLRC.
It was only last Oct. 10 when I decided to go to the office and return the Laptop and cellphone lent to us by the company.

But then I was again shocked because the Managing Director informed me that I am considered AWOL (because of not reporting to the office from Oct. 04-Oct. 09 (my preventive suspension was due on Oct. 04) because according to her, they RETRIEVED my dismissal and came up with a new decision and that she had mailed to me the notice of the retrieval last Oct. 03 thru registered mail (but until now i still haven't received it). They decided daw to offer me a new work (an office-based Telemarketer-a job lower than my previous job). I did not accept the offer and she told me that I can just file my resignation if I will not accept the job. I told her that I have to wait for the notice. I have to have it and read its content myself.
>Does offering me to be a telemarketer considered reinstatement?
>Can they just retrieve my dismissal?
>Is the retrieval of my dismissal valid when I still haven't received the notice of retrieval?
>Am I considered AWOL for not reporting to office? Di ba they already dismissed me even before my preventive suspension was due?
>Can they really terminate me when they knew that I am due to give birth on Nov. 08? (My maternity benefits are being jeopardized because of the dismissal).

They are also not issuing me my certificate of separation (which is a requirement for my filing of my SSS Maternity Benefit).

Please help me. I need your immediate response on my case.


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