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Badly needed advice regarding termination

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1 Badly needed advice regarding termination on Tue Oct 01, 2013 9:40 pm

IngridMionette


Arresto Menor
I work in a call center. I was removed by the client since I failed one of the metrics on Aug 22.I was advised I will be tagged LOA until they find another account for me. I received text messages from HR if I'm interested with another account. But I failed to reply or answer phone calls. On Sept 30, I went to the office to submit my resignation. But I found out I am already terminated effective Sept 24. They said that they sent Return to Work Notice thru registered mail on Sept 18 but I have not received anything as of this writing. Since I was informed that I was tagged LOA, I didn't think that not replying to their txt messages/job offers would place me on AWOL. Since I was advised I'm on LOA, I took it as a chance to weigh my decisions therefore I didn't submit my resignation right away. They refused to let me resign and stand by their decision that I am terminated due to AWOL. Should I file a case about this or just let this pass? I've been an employee for 8 years and never had any AWOL issues. Hoping for your immediate help. Thank you.

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2 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 7:47 am

tatan1712


Arresto Mayor
IngridMionette wrote:I work in a call center. I was removed by the client since I failed one of the metrics on Aug 22.I was advised I will be tagged LOA until they find another account for me. I received text messages from HR if I'm interested with another account. But I failed to reply or answer phone calls. On Sept 30, I went to the office to submit my resignation. But I found out I am already terminated effective Sept 24. They said that they sent Return to Work Notice thru registered mail on Sept 18 but I have not received anything as of this writing. Since I was informed that I was tagged LOA, I didn't think that not replying to their txt messages/job offers would place me on AWOL. Since I was advised I'm on LOA, I took it as a chance to weigh my decisions therefore I didn't submit my resignation right away. They refused to let me resign and stand by their decision that I am terminated due to AWOL. Should I file a case about this or just let this pass? I've been an employee for 8 years and never had any AWOL issues. Hoping for your immediate help. Thank you.

The company should have observed the following procedure 1) notice of possible termination of employment 2) opportunity to explain your side and 3) notice of their decision to terminate your employment.

If they are saying that you are terminated, request for a copy of  the 2 notices mentioned above.

Whether or not they give you a copy of the notices, you can file a case for illegal dismissal.

Btw, always put everything in writing when you inquire or request something from HR.

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3 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 8:53 am

IngridMionette


Arresto Menor
Thank you for your immediate response tatan1712. I spoke to our HR manager and she insisted that all communications were done since the return to work notice was sent out. She said that even if I didn't get the notice or if it was returned to sender, it will still be vaild because it is a registered mail. And they are blaming me for not replying to the text messages or phone calls. Will that be taken against me if I file a case for illegal dismissal?

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4 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 9:05 am

HR Adviser


Reclusion Perpetua
Yes. Because your refusal to communicate with them gives an impression that you are no longer interested in pursuing your employment with them.

You may try filing for a case. But if the company has sent you NTW and Notice of Termination via registered mail as they said, I don't think you have a good chance of winning.

In cases of AWOL, the company is only oblige to observe the twin notice rule

Good Luck

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5 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 9:17 am

IngridMionette


Arresto Menor
Can I be placed on AWOL if I was advised I will be tagged LOA for the purpose that I will not be counted to the site's headcount?
Also, the text messages I received from them are all about job offers. I didn't get any messages that if I will not reply, I will be place on AWOL.
So as long as it is a registered mail, regardless if I receive it or not, that is still considered valid?

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6 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 10:08 am

Patok


Reclusion Perpetua
they contacted you and you did not reply, so they terminated you.

you said you were resigning anyways, so what's the problem? just move on.

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7 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 11:45 am

attyLLL


moderator
being removed for awol is tantamount to abandonment. however, if you file a complaint for illegal dismissal, then that will negate your supposed intent to abandon your job. this is still true even if you changed address and that is the reason why you did not receive the notices. as long as you act quickly.




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8 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 1:49 pm

IngridMionette


Arresto Menor
attyLLL, my only concern is my record. I'm afraid that this may affect whatever application I may have in the future, if they do a background check and see that I was terminated because of AWOL.I didn't go on AWOL just because I was planning to resign. I was advised that I'm on LOA. It was not explained to me that not replying to their job offers will place me on AWOL especially that they informed me I'm on LOA. The address where they send the notice is correct but I did not receive anything. What I was just asking them is to change my status as resigned instead of terminated.

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9 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 3:10 pm

Patok


Reclusion Perpetua
how long did you stay in the company? If not that long, you can just skip that in your resume.

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10 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 3:32 pm

IngridMionette


Arresto Menor
8 years. And the only work experience I have. I wish I could just skip it on my resume.
Is there such thing as yellow or red status on 201 file? Someone told me that the company may place a red status on the employee file if the employee filed a case with DOLE which means if another company makes a background check and they see it is red, they won't ask for any explanation. But if it is just yellow, they can ask and allow you to explain your side about what happened.
I don't know. Maybe I'll just explain to the next company what happened and hope they will consider my 8 years.

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11 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 4:52 pm

Patok


Reclusion Perpetua
It is normal for employers to do background checks. Just explain what happened. And as far as I know there's no RED or YELLOW list even in BPOs.

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12 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 5:42 pm

attyLLL


moderator
CCAP already maintains a list. I'm not sure how successful or diligent they are.

try negotiating first that they tag you as resigned.

if not, you can still file a case. in the cases i handled and settled, i always require the company to tag my client as resigned in their records.


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13 Re: Badly needed advice regarding termination on Wed Oct 02, 2013 8:20 pm

IngridMionette


Arresto Menor
Thank you for all your responses. A big help. I did try to negotiate with HR but they declined saying that there were legal documents already involved and email has been sent to all the bosses. I guess, I would have to personally consult with DOLE to get additional assistance. Thank you for your time. Greatly appreciated.

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