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Need an advise regarding my termination

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1 Need an advise regarding my termination on Mon Feb 10, 2014 2:48 pm

scribblesandfillers


Arresto Menor
Hi, first of all, I am thankful for having found this site.  Thanks to the admin/moderators of this site. More power to you guys.

Now, here is my question.  I would like to ask for your advise regarding my situation with my employer. My employer claims that I am a contractual employee as stated in my termination notice.  First signing of contract was done upon hiring and then on the following year, 5 months had passed before they pressed me to sign another contract. Upon hiring, I was given a three-month probationary period. My position (Manager) is of high importance to the company. The title stated on the contract is Service Agreement and not Employment Agreement.

Two weeks before my termination notice was served, I was asked by employer to explain 3 different office memo, which I was able to explain all well and proved to them (by providing email and sms docs supporting my claim) that the issues were all hearsay and has no basis.  

A week before my termination, I was investigating the inconsistencies on a check to be paid to a certain supplier. The quotation was overpriced and did not undergo the proper approval procedure, so I put it on hold and refused to sign it.  I think it had triggered the issuance of my termination because later on, I learned that my superior was the one who approved the quotation and all despite the inconsistencies in pricing and quality to be delivered by the supplier.

The termination letter states that the management has decided not to renew my contract in 2014 due to non-performance for the past two years. It also states that that I have to turnover my accountabilities within one month or earlier from receipt of the notice. Final settlement of salaries shall be released after completion of turnover and of exit clearance.

I had turned over everything to them already, but they still refuse to show me the computation of my final pay.  Until a week after the turnover, I got an email from the company that my check was ready for pickup but they strongly demanded that I sign the waiver first before I can get hold of the check.

Since I am out of job, with a family to feed and bills to pay, I was in no position to resist the money offered and so I signed the quitclaim.

A year ago, my superior got so jealous of me because she thought I am becoming the favorite of our CEO and wrote me a lot of unprofessional messages. So I replied and suggested to her that we focus more on work and not on personal issues. It made her mad. After that, all my projects were disapproved although it had already gotten the approval of our CEO. But then after 6 months, my superior decided to go for my project but she hired a consultant to handle it and made it look that the consultant initiated the project and the changes in the company.

I spoke to the CEO, she was very apologetic as she did not know everything that was happening.  Though she was our CEO/principal, she was unable to undo the termination because according to her, my superior is the declared legal owner of the company and that the management has already made a decision.

Now, I am thinking of filing a case against the company because I believe that the reason for my termination is not a valid one and that I did not undergo the valid procedures of terminating an employee.  Can anyone enlighten me on my case, please?

Thank you very much.

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2 Re: Need an advise regarding my termination on Mon Feb 10, 2014 3:32 pm

alexisbantilan


Reclusion Perpetua
Hi,

Since due process was followed.
You will need to file complaint at NLRC if you want to contest the termination.
Present all evidence you have to prove that all allegations are false and are hearsay only.

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3 Need an advise regarding my termination on Mon Feb 10, 2014 4:11 pm

scribblesandfillers


Arresto Menor
alexisbantilan wrote:Hi,

Since due process was followed.
You will need to file complaint at NLRC if you want to contest the termination.
Present all evidence you have to prove that all allegations are false and  are hearsay only.

Hi Alexis,

Thanks for your time and feedback. Someone told me that since my contract states that it is a Service Agreement, I will be deemed as a consultant and not as a regular employee, thus, NLRC might advise me to file this case at the court instead because this is already out of their jurisdiction. Is this true?

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