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pregnant illegaly dismissed

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1 pregnant illegaly dismissed on Wed Aug 06, 2014 6:35 pm

miyucha


Arresto Menor
Atty. I just want to ask po for my chances to win the case against the company i worked with po. I started working with them last year po July and they terminated me december last year.. 1 week before my regularization. (Info: i was 5mos. pregnant po when they terminated me) this was the situation po when they terminated me. Our regular shift was in the morning then all of a sudden when the client pulled out the account from our company, we were all transferred to night shift. So our shift now starts from 10pm to 7am. That client also pulled out the account so we were all transferred to another shift which was from 3pm to 12am (midshift) our boss from australia held a meeting that we were all be transferred to midshift that day (via skype) but we all complained because we don't have enough sleep yet especially me because i was pregnant. So they have given us 2 choices. (1)  since that was dec.19 they told us if we don't want to come at work that day..we can have our vacation already and go back next year (jan.2,2014) but not paid OR (2) come at work by 3pm and get paid. Some agreed some were not. But in my case, i asked my superior if i choose the first option and come at work on jan.2,2014, will it affect my regularization the following week.. because if it does, i will just come at work instead. So she asked our boss via skype, then we were all surprised when she said she doesn't want me to be regularized. They will just send the termination letter to our house stating their reason. But i complained. So my superior told me secretly to file a case in DOLE or NLRC because she knew what they did was wrong. So dec.27,2013 i received their letter saying that there were 2 breaches or incident report filed against me and there was once that i haven't reached my quota. That's it. Let me explain the 2 breaches. The 2 breaches that they were telling were not found me guilty. Why? Because if i was then guilty of those breaches, they should have terminated me before already because according to the company's Code Of Conduct, if found guilty, employee should be terminated immediately and those breaches happened a month ago and both cases were closed because i was not guilty. So they cannot use that as a valid reason because i didn't do such thing. 2nd reason, i haven't reached ny quota, i was not the one who haven't reached the quota.. that's actually the reason why our clients pulled out their accounts because all of us haven't reached it. As a matter of fact, i was their top performer in the company, i have used my "certificate of recognition as a top performer" with the bosses' signatures as an evidence. So Atty. I just want to know my chances of winning the case. When they terminated me, i find it hard to find a new company because i was pregnant. I have this plan before when i get regularize..i will use the company's maternity leaves but then they terminated me. I was depressed because i don't know where to get money for my delivery expenses and of course for my baby's needs. Thanks for reading Atty. I hope to get response.

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2 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 9:45 am

miyucha


Arresto Menor
Any help? :'(

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3 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 10:09 am

honeyjay24


Arresto Menor
Hi, Is due process observed before you were terminated? If not this might fall to illegal dismissal.

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4 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 10:26 am

miyucha


Arresto Menor
Hi.. what kind of due process?

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5 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 11:48 am

honeyjay24


Arresto Menor
Is there any memo regarding the alleged breaches issued to you and asking for ur explanation?Is there any hearing done afterwards? Also, you mentioned that you were given the option not to work starting the given date then will come back on Jan. the next year? In that case you were put on floating status. Then afterwards you were told that your employment were terminated due to breaches thru mail. I think that's constructive dismissal. It would be better if seek assistance from SENA (DOLE). From there, you will be advised of what will be the best course of action. But of course, as much as possible dole will try to mediate between the 2 parties to prevent the case ending up with NLRC. Sorry if this is the best answer I could give. Pagtsagaan mo na muna while waiting for a legitimate legal adviser.  Smile

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6 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 4:43 pm

miyucha


Arresto Menor
Hi sorry late response, I was doing the laundry. On the 1st breach, the acting H.R. Have given me the incident report and saying that I violated this rule. I was harming the company's reputation and she told me that it's a terminable offense because it's in our code of conduct. Now she told me to write my explanation on a paper. There were 2 witnesses that time na makakapagsabi na hindi ko sinabi yun. So sabi ng H.R ipepreventive suspension daw ako, less than 3 days maximum 30days kasi daw I'll be under investigation. So I complained. So wag na daw ako papasok kinabukasan (nov.8, 2013, friday) so kinabukasan di ako pumasok, then 10am, tinawagan ako ng supervisor ko bakit daw ako absent. I told her I was in preventive suspension and I thought she knew kasi nakasign sya dun sa memo ko. So hindi niya alam na for suspension yun. So nagalit supervisor ko sa H.R. Then nakita ko dito sa bahay yung copy ng code of conduct namin. Walang nakasaad dito na ang employee that's under investigation eh dapat masuspend. It's unfair. So sinabi ko yung sa superior ko via phone call. Then in the afternoon, tumawag H.R sa kin saying na I can come at work na on monday. Blah blah blah.. So ayun, when I came back ng monday, walang kahit na anong nangyari, walang paguusap, hearing or what. Parang umabsent lang ako ng friday. Ganun lang. Ni hindi nga sinabi ng H.R sa kin kung sino yung nagfile ng report against sa kin which is it's my right to know. Wag na daw kasi baka magkagulo blah blah.. So I let it go. Then another incident na naman, may nagfile ng report laban sa kin saying that binalibag ko daw yung monitor namin at keyboard at sinabi ko daw na "wala na ngang sahod, sirain ko kaya computer dito" pero hindi rin nila napatunayan kasi they looked at the CCTV, ang narinig nilang kalabog eh yung bag ko not the monitor or keyboard and my superior asked for 2 witnesses kung ano talagang sinabi ko and they both answered na "wala na ngang sahod sira pa computer dito" so that's the different thing. Kasi late sahod namin that time. Wala ring hearing or what. Then nagulat na lang ako when they used those reports laban sa kin which is found me not guilty.

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7 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 6:26 pm

council


Reclusion Perpetua
miyucha wrote:Then nakita ko dito sa bahay yung copy ng code of conduct namin. Walang nakasaad dito na ang employee that's under investigation eh dapat masuspend. It's unfair.

Preventive suspension is provided for sa implementing rules ng labor code.

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8 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 6:43 pm

miyucha


Arresto Menor
Sorry po, ano pong ibig sabihin nun?

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9 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 7:18 pm

council


Reclusion Perpetua
pwede kang ma-suspend habang merong investigation under certain situations.

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10 Re: pregnant illegaly dismissed on Thu Aug 07, 2014 7:51 pm

miyucha


Arresto Menor
Kaso po wala silang ginawang investigation.. ni wala posilang ininterview na xo employee ko po regarding po sa issue.. kaya po case closed agad kasi hndi po nila mapatunayan

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11 Re: pregnant illegaly dismissed on Fri Aug 08, 2014 2:05 pm

miyucha


Arresto Menor
May chance po kaya na manalo ako sa kaso kung sakali?

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12 Re: pregnant illegaly dismissed Today at 12:03 am

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