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Forced resignation

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26 Re: Forced resignation on Fri Jul 31, 2015 10:14 am

council


Reclusion Perpetua
gt.gbet wrote: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?

Anything that may be considered "voluntary" would therefore be left to management discretion.

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27 Re: Forced resignation on Fri Jul 31, 2015 10:54 pm

gt.gbet


Arresto Menor
what if, the position being offered cause your take home pay to be deducted?
the location is changing,from a site to a site(UPa to eastwood), shift(night to mid), meaning the hassle and night diff are changing.

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28 Re: Forced resignation on Sat Aug 01, 2015 4:39 am

council


Reclusion Perpetua
gt.gbet wrote:what if, the position being offered cause your take home pay to be deducted?
the location is changing,from a site to a site(UPa to eastwood), shift(night to mid), meaning the hassle and night diff are changing.

No.

As I said - you can be assigned to any position (and, in most cases, location). It is not unreasonable to be assigned in different accounts, shifts or sites.

I have been assigned to 3 different sites of our BPO account in the past, and have rotated from AM to Mid to GY shifts every few months. No complaints because that is what is required of us.

It is not just always about what you want or prefer.

You want your own lifestyle, your own schedule of waking up when you want, going to where you want - then you just resign.

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29 Re: Forced resignation on Sat Aug 08, 2015 2:41 am

gt.gbet


Arresto Menor
its not because of my lifestyle but due to Im a family man. any difference of my current compensation and even change in location will actually be hard on my end

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30 Re: Forced resignation on Sat Aug 08, 2015 4:00 am

council


Reclusion Perpetua
gt.gbet wrote:its not because of my lifestyle but due to Im a family man. any difference of my current compensation and even change in location will actually be hard on my end

Then it's time to find a new job.

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31 Re: Forced resignation on Sat Aug 08, 2015 9:51 am

gt.gbet


Arresto Menor
that is actually my plan, thus, I am looking for any extra pay which I can avail with my tenureship. I am not settling to resignation as I may have give away some rights and compensation that I could have if I asked or do something.

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32 Re: Forced resignation on Sat Aug 08, 2015 1:43 pm

council


Reclusion Perpetua
gt.gbet wrote:that is actually my plan, thus, I am looking for any extra pay which I can avail with my tenureship. I am not settling to resignation as I may have give away some rights and compensation that I could have if I asked or do something.

Of course you can ask them if they can give it to you - but it's not in your hands.

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33 Forced Termination on Tue Nov 24, 2015 3:28 am

Left my Rights


Arresto Menor
Hi Attorney,

I would like to seek help regarding what happened to me recently. It's a bit long, but i have to give all the details. I worked at this call center for almost four years, and this is how it ended.

It started when my team mate from the company I've been with was about to be given something like a memo, making him explain to the hr what happened due to an alleged "abandon of duty". He was explaining to our Center Manager that it should be me who has to receive the memo since that I was late for almost an hour due to weather conditions. The manager agreed, but had to find a way to charge me for an offense that could possibly lead me to termination. He luckily found one due to an alleged "Security Breach", because no one from our company is allowed to leave their station open, regardless if you are within the perimeter of your work station. I got escalated that day, and the manager is discreetly making his move to get me removed out of the company, but the assistant managers told that it has to go through proper endorsement. Standard procedures would be, if the Security Team caught you doing an offense, an email from their department should be received withing 72hours upon getting caught for this offense. It never happened and they created a memo, asking me to go to our respective HR to talk about a hearing without even waiting for an email directly from them. It reached approximately 82hours before they received the email from the security team. I tried to dispute it since that the guard who caught me was never wearing an I.D., making that person violation a very crucial offense. The manager got mad again discreetly, but told my supervisor about what happened. I felt helpless, because I know that the management will make another move. Finally, in just a span of 5 working business day, the Center Manager was able to look for something he can use to terminate me. Although it's not a part of the company's policy, there was an internal agreement that i signed way back in either June or July. But what he saw is just a minor offense without a proof of doing "Fraud" or "Security Breach" since that i wasn't doing anything else from what he saw. He called everyone from my team including me my supervisor and all of his assistant managers, entered his room and he started thrashing with his words. He said "A mistake of one is clearly a mistake of all and I will not let anything happen again!!! I will demote everyone and I will make sure that you(pointing and looking at me) will be removed from this company!". He asked everyone to leave, but I attempted to stay, trying to buy in for everyone. He said, "everyone will not be saved, you can go now". I tried hard to keep standing and asking to let me carry the weight of his punishment, but he didn't let me do anything.

Next thing that happened was, I was approached by one of his assistant and spoke me discreetly. He said, "You've  simply tried to vouch for them. I can save everyone, but you will have to leave. This is the only way we can please them.". Then I tried to ask, "let me stay and render some days, i still have bills to pay." Then he said, "You can't risk making your team mates mad at you, right? You don't want to send them back to where they came from and take all the privileges that they have. I can only save them. You have to resign now!". Then I begged. I gave up, because the assistant manager has a point. He also added, "Although you have a hearing on Monday, he has the final decision. If he says he won't accept you anymore, that will give you a red mark on your Resume. Better yet, you leave now.". last thing i remembered was creating an email for resignation, which was printed and was signed by my supervisor and the assistant manager. I went to my team to say goodbye, but one person dear to me from our team said "Don't send it yet, let's wait till next week. You can't leave helpless, let's ask for help. Even how hard they persuade you, don't say yes.". Then I approached my supervisor and our assistant manager to put it on hold. They were already eager to submit it for a reason that i can't even figure out.

I waited until the following week after that incident happened because I have an auntie who happens to have a close friend working as an HR Director at our company, only to find out that her friend already left too soon. I don't know what to do, so i went back to the company for the HR hearing. No one was there present at the HR office, and I can prove it. I was suppose to go there at exactly 11pm manila time, but i told my supervisor that I still need to go home. He said he will take care of everything. I went back the following evening, only to find out that they already Terminated my logins and tagged me as Resigned because I was not able to attend the hearing even if it's clear that no one was available from 11pm to 12mn. I have no choice but to process my clearance together with my supervisor and assistant manager because what the HR did was irrevocable. I didn't do the Exit Interview because I was still planning things, but i decided to wait until I find an option or give up.

When i went back to process it and see if I can still get a backpay after more than a month, they said I have to pay for a penalty. Plus, everything that I should receive will be forfeited because I did not render. I started to complain because I was forced to leave. The HR representative told me that I should have reported whatever happened to me. I answer by saying that I was processing everything but i had my Supervisor and Assistant Manager behind me, looking at what I may tell the HR. The HR Representative offered help, but said there's no assurance that they can help me with this. I would like to know what else can i do about this? I wasn't even planning to complain about it anymore but receiving nothing for my backpay is out of bound. Plus, everything that I've earned for my career from the company flew away. I would like to ask for help. Is there an action that I can do regarding this? I would like to say thanks in advance, more powers!



Last edited by Left my Rights on Tue Nov 24, 2015 4:56 am; edited 1 time in total (Reason for editing : added information to my post)

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34 Forced resignation? on Fri Nov 27, 2015 7:51 pm

vanessamaia28


Arresto Menor
Good day po!
10 weeks pregnant po ako as of the moment. October 30 po nagpacheckup ako due to spotting and abdominal pain. I was put to bedrest by my OB for a total of 3 weeks (twice po kasi,first checkup ko she gave me 2 weeks of rest due to spotting, and when the ultrasound came out she gave me another week of rest due to hemorrhage.) she issued me med cert which I submitted to my employer.
I went to work just this week and I arranged to have my maternity notif signed by the boss as a requirement sa sss. Medyo nagulat pa sya na nagpapapirma ako kasi di ko naman daw ata kayang magtrabaho pa because of my condition. He talked me into resigning na lang kasi napapabayaan daw ung trabaho ko sa opisina. At mahina daw ang katawan ko kaya mag isip na daw ako. He signed my maternity notif though pero I doubt if it will be considered sa sss kasi hindi un ung official na signature nya ang ginamit nya. Kumbaga parang initials lang.
I have been working to that Chinese-family biz company for almost 2 yrs now, last May lang nila ako pinasok sa official payroll nila at sa sss,philhealth,pag ibig. They are not used to giving formal work contract, since I think dahil sa di din naman cla humihingi ng kahit anong requirement sa mga employees nila ever since. Ive also been experiencing bullying from the owner's son from quite some time now for just about anything, esp now I am expecting I dont think they understand my condition at all. I feel so confused and somewhat violated. What should I do?

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35 Re: Forced resignation Today at 8:24 am

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