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termination of employment

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1 termination of employment on Sun Feb 03, 2013 5:11 pm


Arresto Menor
i was terminated last sept and the case is ongoing in NLRc. I would like to ask if an employee has an option to not sign a termination letter. The HR threatened that whether i sign it or not, i am still terminated,

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2 Re: termination of employment on Sun Feb 03, 2013 8:48 pm


Reclusion Perpetua
adielamiro wrote:i was terminated last sept and the case is ongoing in NLRc. I would like to ask if an employee has an option to not sign a termination letter. The HR threatened that whether i sign it or not, i am still terminated,

An employee has the option not to sign or receive the termination letter.

But the company is obligated to serve the letter to you at your last known address, and the status would still be the same.

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3 Re: termination of employment on Sun Feb 03, 2013 9:10 pm


This situation arises when terminations come as a surprise to you. It does not matter if you are being terminated for cause or employment at will, you may feel like you are under stress or duress. All you want to do is to get as far away from this situation as possible and you are ready to sign anything just to get out of the room. Then the reality of “oh what did I just do” sets in. So what are your options when you are in the middle of being terminated and the company is demanding you to sign off on some paperwork? Take a deep breath and read the document. Is the document simply affirming that the company is firing you, letting you go, laying you off or asking you to say you quit? Does the letter demand that you give up some personal rights? How detailed is the letter – does it simply say you are being terminated on a specific day or does it state the reason for termination? Does the letter outline any special circumstances? Be clear about what you are signing if the termination letter is asking for a confession or admission of guilt or is stating you that you give up some employee rights, you can opt not to sign it. For example, if the company wants you to say you quit and you are being laid off, are you still eligible for unemployment? Another major concern is giving up your employee rights to any benefits, monies due (bonus, stock, equity), EEOC and unlawful termination claims or any rights to sue in exchange for a financial settlement.
These types of termination arrangements are often referred to as separation agreements and should reviewed by an attorney or at the very least considered carefully before signing your consent. Consider an alternative if you refuse to sign your termination paperwork, your ex-employer will not be happy. Do you care? Maybe not, though it is always best to leave on good terms and there may be a win-win solution. When you sign the termination papers, you can include the following phrase under your signature "Signature acknowledges receipt only
By including this caveat, you leave little doubt about why you are signing the document. There is no admission of guilt or agreement on why the company is terminating your services. Ask the company to make a copy of your termination paperwork for your records. The company is not obligated to do this (unless you are being asked to do a separation agreement), so if they say “no” do not be surprised. Remember though, if you do not ask, you will never receive what you want. There are companies who terminate people in many ways – by phone, fax or e-mail – all without signatures required. Just remember Companies cannot withhold your final paycheck for not signing a termination notice. If they do, contact DOLE or NLRC. Employees who are in a union just like in Philippine Airlines or (PALEA) and San Miguel Corporation or are under an employment agreement will have a defined process in their contract and should refer to it for the correct procedure.

Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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4 Re: termination of employment on Sun Feb 10, 2013 10:20 pm


Arresto Menor
what are the benefits i can possibly get if my employer terminate me?

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5 Re: termination of employment on Mon Feb 11, 2013 11:39 am


Reclusion Perpetua
it depends on how are you terminated.. if it's for a just cause and with due process.. the company is not obliged to give you separation pay, so you will only get your last salary, pro rated 13th month pay, any unused leaves and tax refund if any.

if it's due to retrenchment.. you are entitled to 1/2 month's salary for every year of service.

if it's due to redundancy.. you are entitled to 1 month's salary for every year of service.

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