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Forced Leave before Show Cause Memo

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1 Forced Leave before Show Cause Memo on Tue Nov 30, 2010 5:44 pm

edcelfaye


Arresto Menor
good day po. can i ask what is a show cause memo & its essentials? i got a show cause memo frm my employer answerable in 2 days but before i received the memo thru email i was asked by the HR dept to file forced leave for 7 days. when i finished serving that forced leave & reported for work i was again told to extend that forced leave for another 7 days. is this rightful? what steps should i take into? hope u could give me advise on this, thank u.

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2 Re: Forced Leave before Show Cause Memo on Fri Dec 03, 2010 11:27 pm

attyLLL


moderator
i don't believe that is a correct thing to ask of you. if your supposed offense can lead to termination, they should give you 5 days to respond.

forced leave is not supposed to be asked of you by the employer. your main concern should be to respond to the show cause memo. good luck.


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3 Re: Forced Leave before Show Cause Memo on Sat Dec 04, 2010 9:38 am

edcelfaye


Arresto Menor
the HR dept verbally told me that preventive suspension should be sanctioned on me days ahead before they sent me the show cause memo (which also could lead to my termination as stated) but he played safe by saying that i should file na lang forced leave instead of serving that preventive suspension. also the show cause memo was signed by the admin officer & not the general manager. i'll be reporting for work next week & i'm afraid that they might ask me to forcefully resign than be terminated. what should i do in case that will be scenario, should i accept the forced resignation or sue them for illegal dismissal in case they terminate me? pls advise, many thanks.

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4 Re: Forced Leave before Show Cause Memo on Mon Dec 06, 2010 4:57 pm

attyLLL


moderator
the question is whether there is substantial evidence of what you are being accused of and even if there were, is the act basis for termination.

if you plan to fight it, don't resign.


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5 Re: Forced Leave before Show Cause Memo on Sat Dec 11, 2010 9:52 am

edcelfaye


Arresto Menor
hi sir good day. i was supposed to go back to work yesterday but unfortunately my employer emailed me the termination notice effective immediately upon receipt of such. but on the last 2 paragraphs of said notice they put conflicting words like giving me 30-day notice with pay & all monetary dues (becoz they held my 13th month pay & salary for the last cut-off) upon appropriate accounting & clearance; & they even told me to drop by the office becoz the admin officer who signed the show cause/termination notice wanted to talk to me. i know they want me to be there becoz they'll force me to sign quitclaim/waiver to avoid my pressing of charges against them. in this situation do i have merits to file a case against my employer? they didn't give me due process; if i have what case can i file against them & where should i go to do this? pls help me, many thanks.

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6 Re: Forced Leave before Show Cause Memo on Sun Dec 12, 2010 7:24 am

attyLLL


moderator
save all your emails as evidence. if they did not give you 5 days to respond to the memo and no hearing was conducted, then there was no proper process.

why are you being terminated?


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7 Re: Forced Leave before Show Cause Memo on Sun Dec 12, 2010 5:39 pm

edcelfaye


Arresto Menor
good day po. they didn't give me day/s to respond to the termination notice nor appear before them to hear my case prior to termination but instead they served it thru email stating that my response to their show cause memo was plain excuses with malicious intent & it was decided by the top management to dismiss me after their due deliberation. their allegation was that i committed an act of malfeasance that they decided to dismiss me becoz of loss of trust & confidence/serious misconduct. from the day they emailed me the termination notice til now they kept on calling me telling me to appear to the office becoz they wanted to talk to me personally & even attracting me to give in to their invitation by telling me that i can get all the monetary dues entitled to me once i get there as if they're not terminating me but rather it was me who's straining our working relationship. should i go there to talk to them? what's the proper thing for me to do in this case? i know by tomorrow they'll call me again to report not for work but to the admin officer who wanted to talk to me. pls advise me, many thanks.

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8 Re: Forced Leave before Show Cause Memo on Mon Dec 13, 2010 6:05 pm

attyLLL


moderator
they're trying to correct their mistake of not conducting a hearing.

if you want early closure, clearance and last pay, I recommend you go and negotiate to get all of these early.

if you want to fight it out at nlrc, reply to them that the email is very clear that you have been terminated and they have no power to direct you to do anything.


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