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Illegal termination/ dismissal?

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1 Illegal termination/ dismissal? on Sun Apr 14, 2013 2:37 am

RommelAccepts


Arresto Menor
Hi Atty!

The story is long but this is the short version.

I am a regular employee for 15yrs as Property Custodian. My previous employer made us aware that there will be a reorganization in our company. The implementation will be July 2012. I wrote a letter inquiring about my position and security of tenure on June 2012. Then in July 2012 I was verbally informed that my Property Custodian position was Redundant and that they will offer me the new position General Services Officer. But in acting capacity (OIC) only because I am still a working student. And that I need to sign an agreement that I need to finish my studies within a given period. Lastly, they also gave me an option to just accept the x2 separation package. Which is the company practice because they already gave an x2 separation package last 2000 and 2006 to employees that was also redundant.

But 3 months passed by and I received no offer. Because of this I was already contemplating on just accepting the separation package. And I informed the CEO and Executive Director about it during our September 2012 meeting. Then after a few days they finally gave me the papers which I received and I readily gave them my reply memo stating that "I am opting to accept the separation package". But after a few days the CEO through the Executive Director gave me a reply memo stating that they are accepting my "Voluntary termination of service to the Foundation", which also indicates when will be my last day of work on October 2012.

And the saddest part, two days before my last day of work on October 2012, the CEO and the Executive Director informed me that they will only give me a x1 separation package because I "Voluntarily terminated my services to the Foundation".

I informed them that I did not voluntarily terminated my services because I opted for the offered x2 separation package. And I told them to reconsider giving me x2 separation package through my October and November 2012 memos. And during my November 2012 meeting with some select BOT members, the Executive Director and the CEO denied that I informed both of them that I was already contemplating on accepting the separation package. And the Executive Director and the CEO insisted that we already had an agreement that I will accept the offered OIC position.

They also said I cannot avail the x2 separation package because I already signed in the papers they gave me and that I am already receiving the salary of the General Services Officer – OIC position since June 2012. But I told them that I just received last September 2012 the Memo re offered GSO-OIC position. And upon receipt I readily sent my corresponding reply to it. Stating that I will opt for the separation package. And as Property Custodian, I signed on the second document which is the salary adjustment for the GSO-OIC position because I was receiving the new salary since June 2012 as Property Custodian. That is 3 months before they gave me the black and white offer for the GSO-OIC position and its corresponding salary rate.

And it has been six months and up to now they are insisting that I will only receive the x1 separation package.

Up to now, I have not received the x2 separation pay from my previous employer.

My questions:
- Why did they said “I voluntarily terminated my services”, when I said in my Memo I am opting for the separation package?
- Why did they changed the x2 separation package to x1 separation package two days before my last day?
- Why did they said I am not qualified for the x2 separation package because I am already receiving the salary rate of the GSO-OIC position? But they only gave me the documents only last September 2012.
- Are their decisions and actions right?

Hoping to hear your advice because I badly need help.

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2 Re: Illegal termination/ dismissal? on Sat Apr 20, 2013 7:46 pm

RommelAccepts


Arresto Menor
any reply, advise or comment?

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3 Re: Illegal termination/ dismissal? on Sun Apr 21, 2013 9:37 am

attyLLL


moderator
are you still working there? if not, you can file a money claim or a complaint of illegal dismissal.


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4 Re: Illegal termination/ dismissal? on Sun Apr 21, 2013 9:56 am

RommelAccepts


Arresto Menor
Hi Atty, I am not working with them anymore since October 2012. They are the one who specified my last day of employment and told me that they are accepting my voluntary termination of service to the Foundation.

Thank you for this reply Atty.

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