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TERMINATION OF RESIGNED EMPLOYEE --- Please help

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isarahjoy


Arresto Menor
Hi everyone. I badly need your advise. I just resigned from my company last October. The reason I resigned is because I'm taking a a board exam and since my manager wont allow me to take a leave hence I resigned. Initially, I filed it to be within 15days notice but my boss wont sign it so I revised it and made it 30days. But the thing is my 30days period or rather my last week is also the week of my examination. I already asked my boss if she will agree, I'm willing to extend my resignation for another week just so I can take a leave on my last week. However, she did not approved it. As my last resort, I plan to take a leave 2days in a row, then report on Wednesday then take a leave on the next two days again. I just badly need the leave so I can prepare for my exam. Would I possibly terminated because of these? What are the possible consequences of my action? Please help. Thank you.


P.S- I am part of our quality management and we are having certification this year. I understand that this is one of the reason why my boss wont allow me to take a leave plus the fact that until now they havent get anyone as my replacement.

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HR Adviser


Reclusion Perpetua
If your leave is not authorized, you may be reprimanded but not necessarily terminated unless your absence without leave is only up to 4 counts for the year or if your 4 days leave is on top of your other AWOL for the year. Just negotiate well

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isarahjoy


Arresto Menor
Thank you for the clarification. I've already accumulated 4days (non-consecutive awol) since my boss wont approved my leave starting the day I resigned even though I still have leave credits. Right now I just decided to email my boss that I wont be reporting to office starting today. I'll be prioritizing my review.

Would that be a valid reason why I cannot finish my 30days notice? Could they sue me because of this? And what are the damages?

Thank you very much.

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HR Adviser


Reclusion Perpetua
The company has the prerogative to approve and disapprove leave.

The only valid reasons not to render 30 days are:

-Serious insult by the employer or his representative on the honor and person of the employee;
-Inhuman and unbearable treatment accorded the employee by the employer or his representative;
-Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
-Other causes analogous to any of the foregoing.

They can sue you for damages, if you went AWOL.

If I were you, just finish your 30-days to avoid future problems.

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attyLLL


moderator
you should have filed your resignation earlier. i'm sure you knew the date of the exam before hand.

that said, i recommend you keep talking to to your management, but take the exam. will suck though if you don't pass.

as for termination, yes, they can. if you want to contest it, you'll have to file a complaint at nlrc


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isarahjoy


Arresto Menor
Yes, I definitely know the date of the exam and I'd told my boss many times about my plan of taking at least one week leave. She gave me favorable responses on these hence I became assured that my leave will be approved until the later part wherein she declared that she wont allow me to take the leave as previously agreed. So I was compelled to resign instead.

Unfortunately my boss c/o of our HR already sent me a notice to explain. I believe that they already plan on dismissing me. In case I will be dismissed, I wont be entitled of any back pay but will I be entitled for a separation pay?

Thanks.

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attyLLL


moderator
you will not be entitled to separation pay.

try giving this same explanation, that you were assured that you would get leave, then when it was withdrawn, that you were forced to resign. add that you have no intention to abandon your work, but it was your boss's withdrawal of the promise that just forced you to do this,and that you intend to go back to work after the exam. make sure you keep a copy.

this will negate a charge of abandonment, but won't stop them from terminating you. it preserves your argument in case you decide to file a case of illegal termination later on.


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