I am a systems administrator in a BPO company in Philippines. I was terminated after my 7 months stay in the company. I was sent to Europe for training when I had a conflict with my colleague and he said to my manager in Europe that I am doing part time job in the Philippines he based his accusation on my Linked In profile where I put there I am a consultant for other company, I put it there because I am also helping my friends in that companies. I was undergoing training in Europe when my manager went to the training venue and escorted me back to our office in Europe and was told verbally that I am being suspended for 24hours. The reason was conflict of interest based on my linked in profile. They took my laptop and my cell phone and was escorted out of the office and was brought to the hotel after arriving at the hotel my European manger informed the reception that only room charges will be paid by the company because I am suspended the food and other things will be charged to me. I don’t have any means of communication during that time with my family. When my other colleagues arrived from their training that is the only time I was able to call my family here in the Philippines and inform them what happen to me. My wife was also 8months pregnant during that time. I was also informed by my colleagues that all of them received an email from my European manager saying that “I am suspended for suspicion of working in as par time with other company” they also provided me with copy of this. The following day I called my HR here in manila and informed them what happened. After the phone conversation my European manger went to my hotel room and verbally told me that I am not suspended anymore and I can return to work. But there were no car to bring me to the office he didn’t even asked me if I want to go with him on that day so I wasn’t able to report to work. The following day a taxi was provided and I was sent to our office in Europe and I was served with a show cause notice. I was sent back to Philippines and was told that I can now report back to work because my suspension was lifted already. When I was reporting to work my access was removed that is why I cannot do my work and was served with a letter titled Leave with pay. The reason is that I don’t have access to perform my duties that is why they are giving me 5 days leave with pay. Then I replied on the show cause notice they provided. I said on my reply that my representation as a consultant is due to the fact that my friends from these two companies is asking question and help from me. I am not getting any monetary or in kind gifts from my help to them. My company made an investigation and they even called the companies and they proved that I am not connected with those companies. After the 5days leave with pay they gave me another letter extending my 5 days leave with pay because they are not yet done with the investigation and still I don’t have any access to perform my work. After my 2nd 5 days leave with pay I reported to the office and a termination letter was served to me effective the same day the reason is “Lost of trust” because I presented myself in Linked in profile as a consultant from other companies and they noted there that I am not entitled to last pay but only the days I worked will be paid. They want me to sign a quit claim form I did not sign it at first. But I was not feeling well that day that is why I went straight to the hospital and found out that I was suffering from dengue and also my 2 kids is showing symptoms I emailed my HR manager saying I really need my salary because I am sick also my two kids are sick and my wife is pregnant . Here is the copy of my email to my hr.
“I read the quitclaim but I can't understand what the last 2 paragraph means. What I see there is that you are going to pay me the amounts which are my worked days, leaves and other benefits. Ma'am, I really need the salary for my remaining days at Company. My wife is pregnant and due to give birth this first week of October. I am also sick with Dengue, and my 2 kids are also showing symptoms of acquiring dengue. Please consider my situation. I don't want to sign the document but in our phone conversation today, you informed me that your lawyer told you that I can sign the quitclaim under protest because Company will not release the money if i don't sign the quitclaim. Again, I don't know what it means, but I really need the money. I will just go to your office tomorrow. ”
So I went to the office and signed the quitclaim but I put on the last 2 paragraphs that seems to be saying that I am waiving my rights I enclosed the two paragraphs and noted it “UNDER PROTEST” with my signature and also the signature of the companies representative.
Here are my questions.
1. Does it have a merit if I will file Illegal dismissal and Illegal suspension case?
2. I am employed here in manila can they suspend me outside the country and remove my means of communication to my family?
3. Can my manger in Europe suspend me verbally and escort me outside the office?
4. Can he email my colleagues saying that I am suspended? I think that is against confidentiality.
5. Can they serve me termination letter effective same day?
Thanks in advance.