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Illegal Termination

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1 Illegal Termination on Tue Jul 07, 2015 11:15 am

Edward_009


Arresto Menor
Hello All - seeking your advice about sa case ko sa isang call center somewhere north.

So I gave my resignation letter sa boss ko 30 days before the effectivity and they asked me if I could stay one more month because wala ako replacement so I said yes. 2 days before the effectivity of my resignation, I cannot clock in for work anymore so I went to HR and to my surprise my status is TERMINATED due to JOB ABANDONMENT which is effective a month ago pa pala..

So I went to NLRC about it and SENA happened with the company legal team. They fixed everything and all but they did not offer any settlement amount because of what happened. Btw, the next company that I am gonna be joining was doing a background check during that time and I was so scared na makita nila na terminated ako due to job abandonment sa previous company ko.

I also discovered na this company does not forward all my government contributions monthly. So if something happened to me I am considered unemployed and will not get any benefits at all.

QUESTIONS:
1. Should I go ahead and proceed to court with this case?
2. Gaano kalakas yung laban ko against that company?
3. Is there any chance of winning with this case?

Thank you in advance!

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2 Re: Illegal Termination on Tue Jul 07, 2015 12:09 pm

Filia


Reclusion Perpetua
Based only on your facts, you have a good case but the thing is, as you said, they have everything covered. If you talk to a lawyer, he would advice you to actually pursue the case but friendly advice, why don't you just have settlement (not money) with the company so that you would get certificate of employment. That means more, I guess, especially if the company has good reputation.

FYI: Years will have to pass before you get the fruit of winning.

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3 Re: Illegal Termination on Tue Jul 07, 2015 12:15 pm

Edward_009


Arresto Menor
Correct they fixed everything. All the documents, COE, contributions right after the 1st SENA with NLRC. But according to NLRC I can still file moral damages and get the 13th month pay and all expidited.

Reason why I am unsure if I still need to pursue this case or not is because everything has been fixed.

My only question is did they offend any of the labor code do's and don'ts? Mayroon ba silang nalabag sa labor code of the PH because of terminating me without my knowledge and what not...

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4 Re: Illegal Termination on Tue Jul 07, 2015 12:22 pm

council


Reclusion Perpetua
Seems to be some sort of disconnect between your manager and HR.

If you were terminated previously, you should have been sent a return-to-work order at your last know address then a termination letter via registered mail afterwards.

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5 Re: Illegal Termination on Tue Jul 07, 2015 12:26 pm

Edward_009


Arresto Menor
I must say negligence on their part.

Only issue Is they have jeopardized the process of doing the background check of the next company that I am gonna joining. They could flag all the information I provided them during the onboarding false if they find out that my status was terminated due to job abandonment.

I am also part of the management team so I know the process. And we are talking about the negligence of the Sr Manager here.

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6 Re: Illegal Termination on Tue Jul 07, 2015 12:31 pm

council


Reclusion Perpetua
Of course nobody would want to admit being negligent, so they will try to make the situation a bit hazy and say it's just a 'disconnect' (as we usually say) or 'miscommunication.'

LOL

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7 Re: Illegal Termination on Tue Jul 07, 2015 12:36 pm

Edward_009


Arresto Menor
Indeed.

So should I go get my final pay or proceed with the process in getting a lawyer? 😊

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8 Re: Illegal Termination on Tue Jul 07, 2015 12:41 pm

council


Reclusion Perpetua
In your mediation/conciliation via SENA did you ask for your employment status to be corrected?

Do you have any documented proof that they say you were terminated due to job abandonment?

They did not offer any settlement or you did not ask for anything (such as expedited processing, additional payment due to their error, etc)?

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9 Re: Illegal Termination on Tue Jul 07, 2015 12:52 pm

Edward_009


Arresto Menor
They've provided my COE with the corrected employment status.

Proof - yes, I ask for the screenshot of my status in HR portal saying that I was Terminated due to Job Abandonmant. I have it on hand.

Moral damages - yes but the only thing they offered was to expedite my final pay no more no less.

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10 Re: Illegal Termination on Tue Jul 07, 2015 12:54 pm

council


Reclusion Perpetua
I guess it wouldn't be prudent to pursue a labor case since they already rectified their error.

It would cost you more and could take years.

I've had my fair share of going to Banawe and if there's a short and easy way to satisfy all parties, I'd go for that any day.

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11 Re: Illegal Termination on Tue Jul 07, 2015 12:59 pm

Edward_009


Arresto Menor
So just accept my final check and move on with my life? Lol

I remember the last words mentioned by their legal before parting "malay mo may dagdag na amount yung cheke mo" which I find irrational.

They woundn't even want to give the numbers unless I sign a document na I'll agree with their settlement.

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12 Re: Illegal Termination on Tue Jul 07, 2015 1:11 pm

council


Reclusion Perpetua
Edward_009 wrote:So just accept my final check and move on with my life? Lol

I remember the last words mentioned by their legal before parting "malay mo may dagdag na amount yung cheke mo" which I find irrational.

They woundn't even want to give the numbers unless I sign a document na I'll agree with their settlement.

Not so subtle way of telling you to accept the settlement and "maybe" they'll round off the final pay. LOL

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13 Re: Illegal Termination on Tue Jul 07, 2015 1:14 pm

Edward_009


Arresto Menor
Like from Php49,999 rounded up to Php50,000?

That sounds fair. Lol

Thank you much for your thoughts!

I'll talk to a lawyer today and tell him/her your thoughts too.

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14 Re: Illegal Termination on Fri Jul 10, 2015 11:32 am

mrs_scofield


Arresto Mayor
In my opinion basing from your facts, you have a strong case.

But to further assess your situation, please answer the following clarificatory questions:

1. When you said 2 days before the effectivity of your resignation, were you referring to the original date of your resignation or the extended one?

2. How many absences do you reckon you made from the time you tendered your resignation up to the time you were no longer able to clock-in?

3. Were you served any notice for you to explain the alleged abandonment? And another letter, notifying you of your termination?

4. Do you have employment contract? company ID? or other documents to prove your employment with the company?

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15 NLRC claims on Sun Jul 12, 2015 2:15 pm

rockpiper


Arresto Menor
Magfile pa ba kayo ng complaint sa NLRC kung mag offer  ang company na bayaran ang labor arbiter dun sa amount na hinihingi mo. so anu mangyari sa case mo kung wala kang pera panlagay. NLRC binuo para perahan ang employee at employer.

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16 Re: Illegal Termination on Mon Jul 20, 2015 12:06 pm

mrs_scofield


Arresto Mayor
NLRC is not the final arbiter of the case. You still have other avenues for appeal. From the Labor Arbiter, you can appeal with the Commission then with the CA and finally with the SC. If you're case is strong and all evidence points to illegal dismissal then i suggest you fight for it.

If I were the company, why would I pay the amount you're asking to the Labor Arbiter rather than to you? The most practical way is to give it to you instead and have you sign a Release and Quitclaim. Have you accompanied with the NLRC to file a walk-in complaint then have it dismissed in view of the settlement.

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17 Re: Illegal Termination Today at 6:45 pm

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