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Termination Due Process Time Frame

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1 Termination Due Process Time Frame on Wed Jun 18, 2014 5:17 pm

dnar12


Arresto Menor
The incident happened (upon checking falls on the just cause category) during the last week of February and I admitted to the offense. By March I was given a Notice to Explain letter and replied with my apologies about what had happened. And just this Monday, I was informed that there will be a hearing. My only concern is that this happened 4 months ago and I assumed that this has already been forgotten as I have been allowed to continue to work and if they were serious about letting me go, it should have happened already. Would this still be considered a part of the due process? Or can they just do it anytime they want to.

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2 Re: Termination Due Process Time Frame on Wed Jun 18, 2014 6:15 pm

council


Reclusion Perpetua
dnar12 wrote:The incident happened (upon checking falls on the just cause category) during the last week of February and I admitted to the offense. By March I was given a Notice to Explain letter and replied with my apologies about what had happened. And just this Monday, I was informed that there will be a hearing. My only concern is that this happened 4 months ago and I assumed that this has already been forgotten as I have been allowed to continue to work and if they were serious about letting me go, it should have happened already. Would this still be considered a part of the due process? Or can they just do it anytime they want to.

It is still part of due process since failure to do so would be a miss on the procedure.

But you can point out the delay or lapse as a mitigating circumstance.

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3 After Hearing on Thu Jun 19, 2014 12:11 pm

dnar12


Arresto Menor
During the hearing yesterday, I questioned the time frame of the asked for the reason of the delay. I was told that since the business still needed me, the placed the case on hold and after a few months they are now ready to check on the case again that's why the hearing was delayed. Does this mean that anytime they wish to, they can just put the case on hold and return to it once the see that they no longer need the employee? I was also told that as long as the two-notice rule is observed and that no decision has been made yet by the company, the case will remain open. Is this legal?

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4 Re: Termination Due Process Time Frame on Thu Jun 19, 2014 12:13 pm

council


Reclusion Perpetua
dnar12 wrote:During the hearing yesterday, I questioned the time frame of the asked for the reason of the delay. I was told that since the business still needed me, the placed the case on hold and after a few months they are now ready to check on the case again that's why the hearing was delayed. Does this mean that anytime they wish to, they can just put the case on hold and return to it once the see that they no longer need the employee? I was also told that as long as the two-notice rule is observed and that no decision has been made yet by the company, the case will remain open. Is this legal?

It is still legal, though may be unethical.

With their answer, it is almost implied that they do not need you anymore. You should clarify that with them.

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5 Continuation on Thu Jun 19, 2014 12:20 pm

dnar12


Arresto Menor
I also noticed that I could not log into my work email today even though I have not received any notice of some sort yet.

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6 Re: Termination Due Process Time Frame on Thu Jun 19, 2014 12:22 pm

council


Reclusion Perpetua
dnar12 wrote:I also noticed that I could not log into my work email today even though I have not received any notice of some sort yet.

If you're planning to move on already and not stay anymore with them, you can file a complaint for constructive dismissal - assuming that your being unable to log in to your work email is an intentional action by them.

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