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Have a feeling I'm being forced to resign. Need your help!

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belat


Arresto Menor
Our organization, globally, is under reorganization. So a lot of our management teams and executives were replaced already as a direction of the new CEO…

Here in manila, it is the same. We already lost a couple of directors, managers, and rank and file.

Unfortunately, I have this dilemma that I am being stressed out because HR wants me out of the organization.

Fortunately, I am one of the pioneers in our office, so it will take Hercules to remove me in my post. I am a manager anyway.

But, a couple of weeks back, I received complains coming from my stakeholders regarding an employee’s attitude. So I consulted HR if they can give him a warning/memo for the attitude. They told me that they are hesitant to give a memo. I know from the start that this employee, together with HR and two of his team members are conniving behind my back. So I already expected the response. But I still insisted. HR told me that they will investigate.

To my surprise, after a few days… it was me who’s given a memo/warning. This is due daw to my “illegal employment” with a school. I teach part time kasi before. But during the release of the memo, I don’t have any teaching load.

I told them that I an affiliated with the school since 200X and prior my employment with my current company. It is even part of my 201 file since they have my initial resume. I even told them that the former bosses of the office are informed of my academe background and have nothing against it…. Our HR group, as a whole, is just new… 3 years with the company to be exact.

I got angry, but it’s a losing case, so I just signed the memo with a heavy heart. Then now, I have this feeling and information that they will be giving me another case…

I’m really stressed out… and a friend-colleague already suggested for me to ask for legal help…

It is a valid case for a legal action?

If ever I'll be seeking legal aide, do i need to resign 1st?

I really want to be out of the office, since I really hate what's happening... pero nanghihinayang ako for my tenure.... unless i'll be given a severance pay.

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Patok


Reclusion Perpetua
memo lang naman ni issue sayo.... kung wala naman silang rason pano ka nila ma ter terminate?

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belat


Arresto Menor
kasi scenario siya ngaun sa office. they are reorganizing, and most managers and directors are already out of the company or was silently demoted...

ans parang yung mga cases ko parang kabute... nagsusulputan kahit saan... ang daming issues... and it looks like they are stressing me out to quit.

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HR Adviser


Reclusion Perpetua
If their accusations are baseless, photocopy all your NTEs and file for constructive dismissal

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belat


Arresto Menor
thanks po... what po ang NTEs? (notice to employees po kasi lumalabas sa google)..


ang constructive dismissal ba ay may severance pay?

maraming salamat po.

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Patok


Reclusion Perpetua
notice to explain..

constructive dismissal, you could ask for separation pay of 1 month salary x years of service.

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belat


Arresto Menor
HR is feeding my french boss wrong accusations... puro base on hearsay... i told them to investigate with the school... i even gave them the contact information... and what questions to ask to the school.
I even told them that i can accompany them to the school if they need/want to.

However, they are hesitant to perform an investigation.

Accusations are like these:

1. I’m teaching during office hours
a. HR proof – they saw a schedule (examination schedule/proctor) in the internet showing that I am in school during working hours
b. My counter – I told them to investigate with the school. I only work 6-9 pm… and it is a routine of the school to assign proctors to departmental exams even if you are a part-time faculty. I told them that it is my prerogative to decline.. and I am and was declining since 2006. I also told them to validate with the School Dean if needed. And even told them that I stand with my word.
2. my teaching load affects my management output
a. HR proof – she interview a subordinate (the one I am recommending for disciplinary action) and based to his personal opinion, I am not capable
b. My counter – if this part-time job affects my work performance, I should have flanked my performance rating since 2007. But contrary to that, I am acing my performance ratings.. and (a known fact from HR) constantly being given high bonus payouts.

My boss (who is based in France) is already convinced that I am saying the truth… However, I cannot anymore trust HR and our professional work relationship.. More so the moral, legal, emotional, etc damages it caused me (especially health). It cannot be repaired since the damage is already done. So I have decided to just cut the connection, and was advised by a friend to seek a lawyer to negotiate for my release. I want to be paid for the damages the wrong accusation caused me..

I hope you can refer a good lawyer who can do the negotiation for me. Thanks!

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belat


Arresto Menor
i was even told that the process is wrongly done.

it should have been this way
1. verbal warning informing me that they will investigate my case.. and ask for my explanation
2. if proven guilty then a written warning (if needed)
3. a plan to further avoid the same instance to happen again
4. and a formal-legal document to barre me from teaching.

but what happened was:
1. was given a memo stating a very serious offense "illegal employment"
2. i was not even asked my reasons or if this is an agreement before that i can teach
3. they showed me evidences that i am teaching even during working hours which is internet based. without them validating it to the school
4. i'll be given another warning for disobedience since i am fighting for my right.


hays....

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HR Adviser


Reclusion Perpetua
1. There is no such thing as "Illegal employment". haha. Crazy word! Moonlighting would have been a better option but since you are not working for a competitor, they can't charge you with that

2. If you have no prior agreement or it is not in your company policy, then they can't take it against you

3. If that's the case, the best charge for you is wasting of company time which is not a serious offense. Your attendance or CCTV would be your best evidence that you are present during those time and not in the school proctoring exams

4. Disobedience can only arise if your superior or anyone with authority gave reasonable and work related orders where you decline to do.

Don't be sad. Your HR is so d*mb-as*. ahahahhaha Just tell your HR can't they do better than that?

Smile

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attyLLL


moderator
belat, i don't see enough here to say there's constructive dismissal. you're being pissed is not enough.

however, if you want to defend yourself against the accusation regarding your other job, then write a response. but i would not recommend to continue the other job until you get their consent.


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