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Company is asking for resignation because of rumors

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marysaurin


Arresto Menor
Hi, I'm asking for advice on behalf of my sister.

Three months ago my sister started working for a resort hotel in an island in Palawan. Her three-month stay there was rather uneventful except that she didn't get along with some coworkers.

After three months, she came back home for her leave. When she reported to their main office, her HR manager gave her feedback about her performance, ok naman daw. BUT they want her to resign kasi may issue na she had relationships with three of her coworkers, which is absolutely not true.

They kept insisting that it was proven and that it was true kasi daw may umamin. Also, rather than terminate her, it's better if she resign na lang daw. Two of her alleged boyfriends have been suspended as well.

Nothing related to this issue has been put in writing, no incident reports or documents of such kind. Puro verbal exchange lang. My sister has not signed anything given to her by the management (except for her contract, of course) and she hasn't filed her resignation yet.

Is this illegal dismissal? We really need advice on how to approach this issue kasi ayaw namin palampasin na lang. It's bullying and it's my sister's reputation that's at stake.

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Patok


Reclusion Perpetua
tell her don't resign and let them terminate her..

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attyLLL


moderator
if she can prove that they are forcing her to resign, this can be considered constructive dismissal.


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Patok


Reclusion Perpetua
atty,

what will be the proper way to approach a constructive dismissal? provided that you can prove it?

as an employee, ofcourse you want to get what's due to you first.. so do you submit a resignation? get your last pay, pro rated 13th month, monetized leave credits..

then file a case for constructive dismissal?

should the resignation be 30 days notice? or immediately? Do you state that you are resigning and will file a case of constructive dismissal? what if they hold your last salary?

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Kate202129


Arresto Menor
Hi attorney...I have a lot of question do hope that you will give ample time for this...
I was being in the process of preventive suspension as of now, the PS will last till this feb 14, 2013.(7days).. And it says in my memo that due to serious breach of trust and confidence...
Because of some of ee are complaining that they did not get a loan from our cooperative but what I did I loan for them because as far as I can remember as soon as there are some announcement for loan I always informing all the ee, I'm not the one who got their money to our cooperative, our helper,he is the one signed the docs who pick up the money, after that immediately if I receive the money from that helper I will endorse for deposit to the ee account. I have with me the deposit slip and the signature who deposited the money.
Some of the ee denied that they did not receive the money, but I have a proof because of the deposit slip.
Without my knowledge, they are doing an action against me, and letting me explain for that situation, I have all the documents with me proof that I did not get a single amount from them.
What should I do for this attorney? I also talked to the person who deposited the money to the ee account if that was his signature and he says yes and attest it to the deposit slip that it was his signature?
Do I still liable for that?
Hope to hear from you soon

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nheng_Yda


Arresto Menor
Hi Atty.,

My company is asked me to resign due to OS or Opinion Survey. My superior talked to me yesterday calibrating my PR (Performance Review). Upon discussing it, the comments she writes is the result of the OS for the year 2012. It seems that selective employee's did not like me. So my name came out in the survey. Written in the comments is that when your name came out 2x, the company will give higher grounds up to termination. My Boss talked about it and told me it’s better to resign than be terminated. I ask her to give me time to think because of my situation. I’m 2 months pregnant, my husband work is not stable, and I have 2 kids and renting a house. I even ask her if okey to ask if I can stay for 9 months or even after giving birth. She told me that this will be discussed with our HR VP. After an hour, she again talked to me. Our HR VP did not accept my request. She offered me that they will give my 5 moths salary tax free if I resign on that day February 6, 2013 offer is for one day one. I stay in the office for 2 hrs and they leave me no option but to resign.
Please enlighten me if the actions and their actions are right.

Thank you.

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attyLLL


moderator
patok, that's a bit of a catch 22. if she undergoes the procedure for clearance then can be held against her. the classic constructive dismissal is to file for resignation and go to nlrc asap.

kate, you should include all those circumstances in your written explanation

nheng, so did you resign? the deal is not bad, but imo, this was not a clear terminable offense so you cannot be obligated to resign


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