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Forced resignation

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1 Forced resignation on Tue Mar 05, 2013 5:49 pm

CNR


Arresto Menor
I was forced by my employer of 12 years to tender resignation. Prior to me, employees that are laid off are entitled to 1 month salary for every year. But they said that their company is in distressed so I am only entitled to separation pay of 1/2 month for every year of service. But they didnt want to inform DOLE that they are retrenching me. I think they may not have informed DOLE that they are supposed to in "distressed" and suffering from losses. I tendered my resignation but the letter was conditional. In my letter I stated that I am only resigning because that's what they asked of me. Now they want me to sign a quit claim and waiver that I will never complain or inform third parties about this. My question is am I entitled to a one month for every year of service if they hvent filed with DOLE?

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2 Re: Forced resignation on Mon Mar 11, 2013 10:31 am

tsi ming choi


Reclusion Perpetua
CNR wrote:My question is am I entitled to a one month for every year of service if they hvent filed with DOLE?

Regardless, whether they file or not, an employee upon termination of his/her work by reason of authorized cause(retrenchment,redundancy) is entitled to 1 month pay for every year of service and a fraction of more than 6 months is considered as 1 whole year.

Therefore, as to your question. Yes. the and the company is correct.

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3 Re: on Mon Mar 11, 2013 10:42 am

CNR


Arresto Menor
Ok. But the reason they said that they are not paying 1 month for every year of service (they only paid 1/2 month for every year) is because the company is in distressed and is not longer making profits. Is this something that they should have filed with DOLE to make it official? Or they can just decide for themselves that they are not making profits anymore

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4 Re: Forced resignation on Mon Mar 11, 2013 6:00 pm

Patok


Reclusion Perpetua
retrenchment as per labor code is only 1/2 month's salary for every year of service.. but you can contest the retrenchment and the company should prove that they are really in distress..

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5 Re: Forced resignation on Sat May 18, 2013 5:42 pm

MockArthur


Arresto Menor
Hi Atty,
I need your help. I have been employed with a call center for more than 5 years. My concern is that that employer made me resign. What actually happened is that I have mentioned foul words to another rep with another dept that i am transferring the call to. I did not do it deliberately. The call was recorded and it was clear that me, mentioning the words was in a very low tone at hindi kaparehas ng tone ko althroughout the call. The rep was also in Manila site. 3 days after the call date, my supervisor informed me of my violation and issued me a notice to explain and i have duly explained my side, indicated that I did not do it deliberately to the rep. (i was frustrated with my transfer, bec it seems that the rep was not really paying attn and that the rep was asking questions that arent part of the call flow). Balik dun sa pag-issue ng NTE. After about 5-10 minutes, my supervisor went back from the HR MNGR's office informing me that they have no choice but to terminate me bec of my violation. It was stated on the company's policy that using profanity 1st offence is final warning 2nd offence is for termination. That was the first and last instance. I have been working for that call center for over 5 years and I have never received any notice bec of misconduct. Now after they told me that they needed to terminate me, i asked if they can give me graceful exit, which resulted for me to submit my resignation. Now it was only me and my immediate supervisor talking, I was so shocked, frustrated, and lost during that time, which made me ask them to give me graceful exit. Since then I have been with 2 other companies. But looking back at what happened, I did not even reach the point where we have discussed why the offence lead to a 'termination' instead of the final warning for the 1st offence. Now I want to file a case against them bec I feel that I have been dismissed without any chance to discuss and consider the consequences, etc. As an employee working for over 5 years, I was earning a decent pay bec of my tenure. Now with my current employer, I am receiving almost half of what I was receiving with the company I am to file a case against. Do I have any chances of winning the case, or atleast do I have the right to complaint against them?

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6 Re: Forced resignation on Sat May 18, 2013 6:40 pm

attyLLL


moderator
gonna be a tough sell, especially since you didn't file a case at once. but it's not too late if you really want to question your termination.


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7 Force resignation on Fri Dec 27, 2013 5:12 pm

zrc_hr


Arresto Menor
Good Day,

I just want to know, one
of our employee resigned and her
resignation letter was dated december 15 and with the effectivity on January 01, 2014, it was received by the company's
management on Dec 20 and it was also approved
that day and she was given a relieving letter but did not sign the receiving copy. the relieving letter stated that she was relieve from her duties on that day (Dec 20, 2013)
on the company's part does that count as a forced resignation and is she entitled to separation pay?

Thank you

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8 Re: Forced resignation on Sun Dec 29, 2013 2:29 pm

attyLLL


moderator
if she didn't agree to that arrangement, she is entitled to damages


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9 Re: Forced resignation on Fri Mar 21, 2014 12:43 pm

pau10mb


Arresto Menor
Dear Attorneys,

I just would like to ask if we have sufficient grounds to file a case against my wife's employer.

My wife started working for a real estate company as a client relations officer. After just 1 week, she was told that she would be terminated because she was an undergraduate. Here are the facts:

1. It is pretty clear on her resume that she did not graduate and only had 3 years of college education. There was no indication whatsoever that she was a graduate.
2. She had 3 interviews before she was hired. She was never asked about her educational attainment.
3. She signed a contract. She was required a medical exam (which we ourselves paid for). After signing, she had to wait 2-3 weeks before she could start working. She had to buy a lot of "corporate" attire and shoes for the job.
4. On the last day of her first week, her supervisor told her in a private meeting that she would be terminated.
5. Upon hearing the shocking news, she asked if she could be given at least a few weeks until she can find a new employer. The supervisor said she would have to check with their corporate office. She was told to go home at noontime of that day.
6. After almost a week of waiting, she was told that she can't be employed any longer and that she NEEDED TO RESIGN ASAP.
7. She was told that after she passes her resignation letter and be cleared, she would IMMEDIATELY get the compensation for the 1 week that she worked for.
8. After a few days, she was told that she would have to wait 2-3 MONTHS before she can get the compensation. Without any choice, she passed her resignation letter.
9. A few days after she passed the letter, she followed-up with the company regarding her pay. To her surprise, she was told that she will NO LONGER BE COMPENSATED because SHE FALSIFIED HER DOCUMENTS.

The termination was sudden, without any prior notice, eventhough she DID NOT LIE about her educational attainment and THERE WERE NO DOCUMENTS FALSIFIED.
To add insult to injury, she will NOT BE PAID after being promised that she will.

It was clear that the lapse was made by their HR, because they failed to determine whether or not she graduated. In fact, as an indication of this flaw, the company SUSPENDED TWO OF THEIR HR STAFF because of the incident.


We have a 1 year old daughter to feed. Because of this very sudden event, our finances had to suffer. There wasn't even a tiny bit of consideration. She was left hanging high and dry.

Do we have a case? If yes, what's the first step?

Your free legal advice would mean the world to us. We believe we deserve to be heard.

Thank you.

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10 Re: Forced resignation on Fri Mar 21, 2014 12:51 pm

vane


Prision Mayor
ano ba yan. kung may standard talaga si company sa educational attainment sana naging maingat si HR sa pag hire sa kanya kung clearly stated/indicated sa resume na shes undergraduate.

nagbigay ba ang mgmt ng letter if she was terminated? on what grounds? dahil ba sa hindi nya nameet ang standard ni company when it comes to ed.attainment or dahil sa alleged falsification of docs?

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11 Re: Forced resignation on Fri Mar 21, 2014 1:00 pm

pau10mb


Arresto Menor
vane wrote:ano ba yan. kung may standard talaga si company sa educational attainment sana naging maingat si HR sa pag hire sa kanya kung clearly stated/indicated sa resume na shes undergraduate.

nagbigay ba ang mgmt ng letter if she was terminated? in what grounds? dahil ba sa hindi nya nameet ang standard ni company when it comes to ed.attainment or dahil sa alleged falsification of docs?

I know right?

During her meeting, sinabi lang nila na it was because she's an undergrad. Yun lang. The boss even admitted na kasalanan ng HR.
Yung "falsification of documents" na accusation, sinabi lang nila yun AFTER she was forced to pass her resignation letter.

Ang sa amin lang, okay fine, hindi siya jan pwede mag work. Pero paano naman yung trouble that we had to go through? Yung mga plans that we made around her new job? Expenses? And the sheer fact na pinaasa siya. And none of this was her fault. Di namin pinipilit na i-reinstate siya or what. Na-agrabyado kami because of their HR's lapses.

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12 Re: Forced resignation on Fri Mar 21, 2014 1:05 pm

pau10mb


Arresto Menor
vane wrote:
nagbigay ba ang mgmt ng letter if she was terminated?

No. There wasn't any form of letter, memo whatsoever. It was just a private meeting.

The boss even asked her not to tell anyone WHY SHE HAD TO GO HOME AT 12 NOON on that day.

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13 Forced Resignation on Thu Mar 27, 2014 12:58 pm

updancer


Arresto Menor
This is to establish the chain of events that transpired from the time that I was asked to process our legal transaction for our project leading to my immediate supervisor’s decision to suspend me and asked me to no longer report back to work.

It all started on September 24, 2013 (Friday) when I was asked to process documents for our project. Since this is a rush request, I have the option to take a cab to finish all the work on time. All in all, I had to ride a cab 3 times: (1) from our office going to Taguig City Hall to get tax clearance, (2) to get payment assessment in Registry of Deed and (3) to get certified true copy of title in Makati City Hall. I used my own money to pay for the fare which gives me the right to reimburse later on.

Unfortunately due to busy schedule, I was able to file for reimbursement only on October 22, 2013 (Tuesday) when I had the chance to look at my documents. I submitted my reimbursement claim to my supervisor for the usual approval process and after a couple of minutes, I was asked to go to his office to explain an error in my claim. It turned out that I attached 2 successive receipts numbers from the same cab driver and I wasn’t able to arrange the receipts in proper chronological order based on time. Just because it’s been a month from the time I had those receipts, I can no longer remember why I have those kinds of receipts, so I wasn’t able to justify right there and then what transpired.

The following day (October 23, 2013) my officemate told me that my supervisor talked to her to inform me to file my resignation immediately. Realizing that it could be because of what happened yesterday, I went back to all my files and looked for receipts with the same date as September 24th hoping that I have the proper receipt that I overlooked. After which, I went to his office to present another receipt and explained that it was the right one. Accidentally, one of the cab drivers gave me two receipts with successive receipt numbers which I mistakenly attached in my reimbursement.

He still insisted his point that I was being dishonest and I did it intentionally. He then ordered me to resign, of which I did not agree to, and maintained his stand by informing me that I am suspended from October 24 to November 4, 2013.

I have been with the company for more than 6 years now and I have not been in any form of disciplinary action in the past. There have been lots of times wherein I opted not to reimburse some of my expenses during my official travel given their minimal amount. This is the first time that I had an error in my reimbursements and I am willing to cooperate in any form of investigation as needed. Not to brag at all Ma’am/Sir, but just like you, I won’t risk my name, reputation and good records for a mere Php 100 cab fare.Also, I believe my immediate supervisor’s order for me to resign and my suspension is truly uncalled-for. Everything was verbal, no memo, and most especially not following proper employee disciplinary procedure. I am not very knowledgeable about labor laws but I believe there is a due process in terminating an employee that requires the employee be given the benefit of the so called twin notice and hearing. That I should have been given the chance to explain through an Order to Show Cause or Notice to Explain (NTE) and that a formal investigation or hearing should have been conducted that will lead to the decision. In my case, all of these processes were not followed and I was simply pressured to no longer report back to work.

I believe that when such incident happens in a professional environment, the issue should be kept between the people involved. Instead of talking to me directly, he had to use another employee to relay his decision which could create pre-judgment on my behalf in the entire office.

Can I file a complaint to DOLE against my boss? What are my chances? Thanks

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14 Re: Forced resignation on Thu Mar 27, 2014 5:05 pm

HR Adviser


Reclusion Perpetua
If you are suspended, file for illegal suspension
If terminated, file for illegal dismissal
since they failed to follow due process

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15 forced resignation on Thu Apr 10, 2014 5:27 pm

iyagitarista18


Arresto Menor
i have a friend who have just been forced to resign today, april 10, 2014. And the company told him that he won't be able to get his today for the period march 15-30, 2014. It isn't the way it should be right? the company should withheld the pay for the period of april 1-10 pay day apr 25. coz the pay today was supposed to processed already right?

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16 Re: Forced resignation on Mon Apr 14, 2014 5:19 pm

vane


Prision Mayor
there is no such thing as forced resignation. Resignation must be a “voluntary act”

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17 Re: Forced resignation on Tue Apr 15, 2014 9:59 am

concilii


Arresto Menor
[quote="vane"]there is no such thing as forced resignation. Resignation must be a “voluntary act”[/quote

That is actually - CONSTRUCTIVE DISMISSAL!

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18 Re: Forced resignation on Wed Apr 30, 2014 2:18 pm

vane


Prision Mayor
yes, thats what i meant.

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19 Re: Forced resignation on Fri Dec 05, 2014 5:29 pm

joyceeopiana


Arresto Menor
Hi Attorney,

I would like to seek advice. I was asked by our CEO to resign as i was pregnant and my pregnancy was very delicate. Prior to that, i also had an operation where in my gall bladder was removed. I had series of illnesses that i am aware affected my Job as an administrative support and receptionist at the same time. Unfortunately, i had an miscarriage 2days after the CEO asked me to resign. I was advised by my physician to take a 30day leave as i need to recover from the miscarriage. My employer still was following up regarding my resignation. My question is, Was it Lawful to still ask me to resign? I believe that their action of asking me to resign due to my pregnancy was unlawful and that action of still asking me to resign after my miscarriage was unfair on my part. I plan to file a complaint to DOLE but my fears are they might hold my last pay. I am in distress right now and i really don't know what to do. I have been employed with them for a year and a half now with no employment contract, just compensation offer. Thanks in advance.

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20 Re: Forced resignation on Fri Dec 05, 2014 7:17 pm

karl rove


Reclusion Perpetua
hi there...

1. How did you manage to work in that company without a contract, worse, for a year?

2. You are asked to resign because of your pregnancy?

I think there is something wrong with your employer. If you are interested in taking action, kindly email me adpr24242000@yahoo.com

Atty K.R.

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21 Re: Forced resignation on Wed Jul 29, 2015 8:40 am

santol28


Arresto Menor
Good day Atty's,

I need your immediate advised. I work at tire industry for almost 4 years. Yesterday they found out that i was going to resign next week monday. So HR talked to me they say if you want to resign, resign now and all you salaries and commision will not be paid. I tell them i didnt want to resign its just only a rumor they dont have evidence for that. Now, they wanted to turnover my company vehicle, laptop and even company cellphones. They say if you didnt want to resign just turnover it all today. I told them if i turnover it all today how about my work?? They say just stay at the office. My question is, do they have authorities to suspend my sallary and commissions this coming friday, July 31,2015?? Because they will do it they said to me. I did not resign yet. But they forcing me to do it. Hoping for your immediate response regarding this matter. Thank you and godbless.

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22 Re: Forced resignation on Wed Jul 29, 2015 10:47 am

council


Reclusion Perpetua
Ask them for documentation that they are asking for the turnover of the items.

And have them state the reason for their action.

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23 Re: Forced resignation on Thu Jul 30, 2015 4:37 am

oelt1557


Arresto Menor
Hi Attorneys,

I badly need your legal advice. I work for a BPO Company. I started with a financial account. Now, on May 2015, we (16 agents) that the account is downsizing and we were chosen to be removed from the account because of our performance. Now, the company decided to transfer us to a different account but we had to pass the interview with the client first otherwise we will be removed from the company or terminated. We passed and trained for this other account and we are already comfortable and happy. Today, some of the 16 agents are now forced to go back to the previous account because they now need more agents. however, we no longer want to go back to that account. So now, these agents have no choice but to resign after begging and crying in front of the management. Is there any basis for any legal action we can take? Hoping for your immediate response. Thank you.

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24 Re: Forced resignation on Thu Jul 30, 2015 5:06 am

council


Reclusion Perpetua
oelt1557 wrote:Hi Attorneys,

I badly need your legal advice. I work for a BPO Company. I started with a financial account. Now, on May 2015, we (16 agents) that the account is downsizing and we were chosen to be removed from the account because of our performance. Now, the company decided to transfer us to a different account but we had to pass the interview with the client first otherwise we will be removed from the company or terminated. We passed and trained for this other account and we are already comfortable and happy. Today, some of the 16 agents are now forced to go back to the previous account because they now need more agents. however, we no longer want to go back to that account. So now, these agents have no choice but to resign after begging and crying in front of the management. Is there any basis for any legal action we can take? Hoping for your immediate response. Thank you.

Management has the right to assign its employees to any account as necessary.

There is no illegal action by the company in transferring the employees back.

It is logical that if the employee does not want to move back then he has the option to resign.

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25 Re: Forced resignation on Fri Jul 31, 2015 8:16 am

gt.gbet


Arresto Menor
how come,even though the employee do not perform well these past few months, and gave a hint that they are resigning, still, some manager's i know can tag them as redundiated?

i mean, my current situation is I am a QA from a descoped account, and being loaned as QA temporarily for 3months to another account,cant be offered severance?or at least ask for my preferred choice if to stay or settle on the severance?

I know the conditions, but dont i have any critirea to be offered?or do the company really avoid paying severance?

Im tenured(6years), on what way can I at least bargain to take advantage of it when i want to leave?

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26 Re: Forced resignation Today at 8:34 am

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