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AWOL Employee

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1 AWOL Employee on Tue Apr 29, 2014 11:39 am

menggolicious


Arresto Menor
What case can we file against an AWOL employee? He gave a resignation letter effective on the very same day. He does not follow the 30-day notice. He was supposed to do his clearance and proper trun over but he never shows up after giving his resignation letter. Thanks.

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2 Re: AWOL Employee on Tue Apr 29, 2014 11:55 am

council


Reclusion Perpetua
menggolicious wrote:What case can we file against an AWOL employee? He gave a resignation letter effective on the very same day. He does not follow the 30-day notice. He was supposed to do his clearance and proper trun over but he never shows up after giving his resignation letter. Thanks.

You can file for "damages" as mentioned in the LC.

Was his immediate resignation approved?

Yes? Then no case.
No? Did you send a return-to-work order? And did you send a termination letter afterwards?

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3 Re: AWOL Employee on Tue Apr 29, 2014 1:33 pm

menggolicious


Arresto Menor
His resignation was approved but the company still requires him to finish his clearance and do proper turn over since all his pending jobs and responsibilities are hanging. Do we need to send him a return-to-work order? Thanks.

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4 Re: AWOL Employee on Tue Apr 29, 2014 1:36 pm

council


Reclusion Perpetua
menggolicious wrote:His resignation was approved but the company still requires him to finish his clearance and do proper turn over since all his pending jobs and responsibilities are hanging. Do we need to send him a return-to-work order? Thanks.

Cannot send RTWO since resignation is approved, ergo he is no longer employed with your company.

At best he will not YET receive his final pay until he comes for clearance, and turnover (in whatever way) any pending jobs, which I doubt can be done.

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5 Re: AWOL Employee on Tue Apr 29, 2014 1:42 pm

menggolicious


Arresto Menor
What if the resignation was not approved? Then the employee goes AWOL after giving his resignation letter. What should be the legal step to take?

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6 Re: AWOL Employee on Tue Apr 29, 2014 1:49 pm

council


Reclusion Perpetua
menggolicious wrote:What if the resignation was not approved? Then the employee goes AWOL after giving his resignation letter. What should be the legal step to take?

1st week: Return-to-work.
2nd week: Return-to-work.
3rd week: Termination letter.

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7 Re: AWOL Employee on Tue Apr 29, 2014 2:11 pm

menggolicious


Arresto Menor
When can we file the legal case? What specific case should we file? Thanks.

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8 Re: AWOL Employee on Tue Apr 29, 2014 2:13 pm

council


Reclusion Perpetua
menggolicious wrote:When can we file the legal case? What specific case should we file? Thanks.

Consult a lawyer.

Generally, the cost of these cases would not be worth the effort to have the former employee come in to turn over any pending tasks.

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9 Re: AWOL Employee on Tue Apr 29, 2014 2:21 pm

HR Adviser


Reclusion Perpetua
If the damages you are claiming is less than 100k, then you can file it in small claims court. No need for a lawyer. A number of HR I know does this.

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10 Re: AWOL Employee Today at 8:07 pm

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