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is my termination valid?

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1 is my termination valid? on Mon Apr 01, 2013 11:15 pm


Arresto Menor
last Sept 26, 2012 naadmit ako for ACL sugery, I filed for Leave of Absence sa company ko but they only approved 5 days, i needed at least a month for the recovery period. i asked my office for an extension but they denied it since i lack documentation, at the time my dr was out of town and will come back Oct 15, so Oct 16 i was able to get a medcert and gave it to my office the same day, but my office still did not approve my LOA since, as per management, i had an excessive LOA. I came back to work Oct 28, 2012 and i receive an incident report why i was on unapproved LOA for almost a month and they gave me a corrective form under Negligence, hindi ko pinirmahan yung mga corrective form but i explained why i was on LOA. after a month they gave me another negligence for process issue that was committed Sept 2012, i accepted it since it was a failure on my end. from that point onward, i made sure that my stat is passing and i follow all rules and regulation then March 19, 2013 they file another incident report on why i did a common procedure that our department do, they did not give out a corrective action for that fault and i went straight to admin hearing without the complete documentation. di ko na realize na kulang yung process kasi at the time na sinabihan ako na may admin hearing, i know that thats the end. My TL was there and 1 HR rep but no atty present, wala silang pinakitang corrective action and told me that i will be terminated for the procedure that was commonly done in our dept. they did not let me sign anything, basta ang sabi lang nila na materminate ako, thinking about my welfare, having 2 kids in elementary and another baby on the way, naisip ko na magresign at the time since mawawalan ako ng work and mawawalan ako ng pang enroll, narealize ko na lang mali procedure nila the day after nung malinaw na yung isip ko. gusto ko lang po malaman, may grounds po ba sila sa ginawa nila sakin?


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2 Re: is my termination valid? on Wed Apr 03, 2013 7:55 pm


if you will contest it, you are going to have to file a complaint at nlrc for constructive dismissal. the sooner you do it, the better it will be to contest the voluntariness of your resignation.

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3 Re: is my termination valid? on Fri Apr 05, 2013 4:19 pm


Arresto Menor
tnx atty, i went to nlrc today.

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