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misinformation in background check

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1 misinformation in background check on Tue Jun 24, 2014 1:02 am

szncrd


Arresto Menor
DETAILS:

I had resigned with a BPO/call center last 2012 after being with them for 4 years. I served a 30 day notice and took an approved 14 day terminal leave. I even received a certificate of employment and clearance.

Between 2012 to the present year I have only found employment in smaller BPO companies because I have been mysteriously rejected from more well known BPOs. The most extreme case was when I had already passed my pre-employment medical exam and awaiting my start date, when I was informed that my application would no longer be processed.

It was only recently, that I found out, from the feedback of one of the companies I applied to, that in my background check my former employer back in 2012 was declaring me as a terminated employee of only 1 month, who had gone on AWOL.

When I requested a copy of the background check it showed that it was an HR personnel who had declared this information.

I submitted a complaint (SENA) in DOLE under UNJUST LABOR PRACTICE, OTHERS: PLEASE EXPLAIN WHY TERMINATED WHEN RESIGNED and the relief asked for was restitution of my RESIGNED status.

I presented all relevant documents (resignation letter and certificate of clearance).

My goal was to get a certificate stating that I was a resigned employee and that I was not terminated.

To my dismay, in the first conciliation conference the DOLE hearing officer informed me that a SENA is only for MONEY CLAIMS and that he will not help me get a certificate stating that I am a resigned employee.

So I asked for damages amounting to 500,000 pesos for the 2 years of lost wages and benefits, and emotional damages.

So far there has been no feedback from my former employer.

1) What relief may I ask for that will prove to employers that I am a resigned employee and not terminated, since DOLE said that they will not help me get a certificate stating that I am resigned?

2) Am I entitled to damages or some sort of monetary compensation, as I know that damages are not Money Claims (which are SSS etc. contributions)?

3) Is the DOLE hearing officer correct in stating that a SENA/complaint can only be submitted for Money Claims, because when I looked at their SENA form, Money Claims is only letter A of choices A to P?

4) How do I compel my former employer to clear my name from the BPO blacklist that they have put me on?

Please advise.

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2 Re: misinformation in background check on Wed Jun 25, 2014 8:32 am

szncrd


Arresto Menor
Does anyone know a pro-bono labor lawyer that I can talk to? The complaint has now been escalated to the NLRC as my old company does not want to settle.

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3 Re: misinformation in background check on Wed Jun 25, 2014 9:01 am

council


Reclusion Perpetua
szncrd wrote:Does anyone know a pro-bono labor lawyer that I can talk to? The complaint has now been escalated to the NLRC as my old company does not want to settle.

You might not need one yet - that will still go through another round or two of conciliation.

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4 Re: misinformation in background check on Wed Jun 25, 2014 10:00 am

szncrd


Arresto Menor
I see. I'm quite ignorant with the whole process. Other than evidence, what should I prepare for the conciliation so that I win?

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5 Re: misinformation in background check on Wed Jun 25, 2014 10:03 am

council


Reclusion Perpetua
szncrd wrote:I see. I'm quite ignorant with the whole process. Other than evidence, what should I prepare for the conciliation so that I win?

Conciliation - tawaran.

There is no winner or loser.

Explain to them why you think you are entitled to whatever you are asking for.

You need to show proof that they said you were terminated.

Then show proof that you actually weren't.

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6 Re: misinformation in background check on Wed Jun 25, 2014 10:33 am

szncrd


Arresto Menor
They say the NLRC is a court. So will we be in front of a judge?

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7 Re: misinformation in background check on Wed Jun 25, 2014 10:34 am

szncrd


Arresto Menor
They say the NLRC is a court. So will we be in front of a judge?

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8 Re: misinformation in background check on Wed Jun 25, 2014 10:34 am

council


Reclusion Perpetua
szncrd wrote:They say the NLRC is a court. So will we be in front of a judge?

Quasi-judicial.

You will be at the arbiter's office.

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9 Re: misinformation in background check on Thu Sep 11, 2014 3:39 pm

szncrd


Arresto Menor
I have been asked to get a lawyer to write a position paper but the PAO lawyer won't help me. When I made my own and tried to submit it the NLRC said that I do not have a Verification Letter. What is this letter and is a lawyer needed to make it?

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10 Re: misinformation in background check on Thu Sep 11, 2014 5:10 pm

council


Reclusion Perpetua
szncrd wrote:I have been asked to get a lawyer to write a position paper but the PAO lawyer won't help me. When I made my own and tried to submit it the NLRC said that I do not have a Verification Letter. What is this letter and is a lawyer needed to make it?

Verification of Non-Forum Shopping

See here.

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11 Re: misinformation in background check on Thu Sep 11, 2014 5:19 pm

szncrd


Arresto Menor
Wow this is a huge help for me! I was afraid that I had to withdraw my case if I couldn't get a lawyer in time.

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12 Re: misinformation in background check on Tue Sep 16, 2014 3:17 pm

szncrd


Arresto Menor
I am about to submit my position paper and verification of non forum shopping tomorrow. Am I missing any other documents that have to be submitted?

Also a lot of people have been telling me that my case should be a Civil Case, but I'm confused because the labor arbiter encouraged me to continue the complaint in her office despite saying herself that I do not have an employer employee relationship with the respondent. Does this mean that after the position paper she will simply dismiss the case as being in the incorrect court?

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13 Re: misinformation in background check on Thu Feb 26, 2015 7:16 pm

szncrd


Arresto Menor
I just received my copy of the labor arbiter's decision to reinstate me to my old employer, after they had badmouthed me in my background check. However, I had resigned and was not dismissed, so how does that go?

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14 Re: misinformation in background check on Thu Feb 26, 2015 7:20 pm

szncrd


Arresto Menor
Also, there were 2 decisions on separate docs. Reinstatement was in a different sheet to her explanation. The decision at the ending of her explanation was to the issuance of a doc that I was not dismissed.

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