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Termination with no due process

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1 Termination with no due process on Mon Oct 21, 2013 5:16 pm


Arresto Menor
I was a regular employee of a company but encountered personal problems that made me unable to report for work. I informed a superior that I would be unable to report for work until August 28 but then verbally informed him again for an extension until September 5. But on September 4, I was visited at my residence by HR Staff to give notice for explanation for being AWOL from Aug 29-Sept 4 to which I responded via email on Sept 5 citing my personal crisis and asking if I will be allowed to return in the same capacity or if the company would prefer my resignation with 30 days notice when I intended to use up my unused leave credits. On Sept 5, the company also insisted in retrieving the vehicle I was availing through the company car plan to which I complied. The company never responded to my explanation and instead, on Sept 13, I was emailed a Notice of Termination for AWOL. I was never invited to a hearing or investigation to plead my case. Moreso, the company is asking for ridiculous amount for clearance such as the payment to a supplier amounting to 250K but did not deliver because the supplier was for my department, alleged client payments in my possession amounting to 45K without written proof that I received said payments and other expenses totaling more than 400K. Not only was i denied due process by not granting me the benefit of a hearing, the company has on October 9 published a no longer connected ad in the newspaper with notes of civil case filed and warrant of arrest issued. When I emailed the company lawyer re- this, she threatened me that the company will pursue and publicize the case if I do not pay up.

Is this legal? Is the termination legal in the first place without the due process of a hearing? Can the company require me to shoulder the payment made to a supplier who did not deliver? Can they levy alleged monies in my possession without documentary proof that I received it? Can a company just publish anything like that? What would be my appropriate next steps on this matter?

Thank you.

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2 Re: Termination with no due process on Mon Oct 21, 2013 6:20 pm


Reclusion Perpetua
Immediately file illegal termination to nearest NLRC, due to NO DUE PROCESS.

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