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Illegal Dismissal / Force Resignation

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1 Illegal Dismissal / Force Resignation on Tue Sep 30, 2014 12:34 am


Arresto Menor
hello i need an advice. please help me.

i am working in a bpo company, call center agent, regular employee, hire date is april 7 2014. 3 mons regularization pero wala po saken pina pirma for regularization and had immediate resignation on sep 26 offered by my supervisor.

here is my story.

as per client meron daw po akong 3 instances of violation which is call avoidance. im a collection specialist doing an outbound call.

sep 19, sep 24, sep 25 had this call avoidance issue from the client

Sep 19 had my first violation where client said its a call avoidance if i am staying in a voicemail or staying in the phone for more than 5-6 rings they issued me a coaching and it happened again on sep 24 and 25 with written warning and final written warning

client just recently auditing this call avoidance issue early sep.

this call avoidance issue was never discussed in training and in qa meeting

for the last 5 mons. (april to aug) there was never a call avoidance issue if i will be staying in a voicemail or staying in a phone for more than 5-6 rings.

client also said in my first voilation it was the FDCPA issue, where FDCPA issue also was never been dicussed in training or in qa meeting and stated the same in my second and in my third violation.

my supervisor told me that i need to be out in the company before sep 29 2014. i asked her what she can do or i can do to turn things around, she told me that there is an admin hearing and the final decission would be termination,she also explain to me about submitting resignation letter. and she suggested the resignation letter would be better because if my next employer will do a background check, employer will know that i resigned instead of attending the admin hearing where company terminated me.

help me what complains i will file?

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2 Re: Illegal Dismissal / Force Resignation on Tue Sep 30, 2014 5:33 am


Reclusion Perpetua
Did you resign already?

Was it accepted?

It's too early to have a decision on this - you should have decided to go thru with the admin hearing.

With your resignation, your story ends already.

To clarify, the following should be considered in terminating the services of employees:

(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

(2) After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.

(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.

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3 Re: Illegal Dismissal / Force Resignation on Tue Sep 30, 2014 6:31 am


Arresto Menor
yes i already resign na po. signed by operations manager and supervisor.

btw, hr is not aware na nag resign ako. pero hnd pa po ako nag clearance.

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4 Re: Illegal Dismissal / Force Resignation on Tue Sep 30, 2014 6:38 am


Arresto Menor
please help me what i can do.

hr is not aware n nag resign ako, because i am getting clearance form and hr manager ask me when did i file for resignation i said today sep 26 and i show him my resignation letter.

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