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office case

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1 office case on Sat Dec 11, 2010 11:40 am

theb


Arresto Menor
a staff from our company filed her resignation last dec 7 because of health reasons and she felt harassed by her immediate boss. she was actually asked to write on a paper for the answers her boss would be asking. she filed for immediate resignation then on the 9th her boss complained against her using her written statement and wants to put her under preventive suspension but she only reported for work because she wanted to do proper turn over, her boss was saying that she was not aware of her resignation but everyone knows that she gave a copy. is it still legal to put her on preventive suspension and it would look like her boss is complaining only because she filed for her resignation with harassment reasons.

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2 Re: office case on Sun Dec 12, 2010 7:26 am

attyLLL


moderator
when you say harassed, do you mean sexual harassment? or annoying?

the problem i see here is whether she gave 30 days advance notice of her resignation. if not, she will have to prove that the harassment amounts to something worthy of resignation without notice.

did she not give a copy of her resignation to HR? and did she not keep a copy?


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3 Re: office case on Mon Dec 13, 2010 9:51 am

theb


Arresto Menor
she is actually vital to a case since she has documents that can prove one of the staff's negligence and her boss might also get involved. what her boss did was she asked her questions and let her write it in a paper with her own handwriting. after that incident the following day she filed her resignation and yes HR was able to receive it. she got scared so she decided to make her resignation's effectivity immediate, the day after her boss filed a case against her using the statement she wrote with her boss.

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4 Re: office case on Mon Dec 13, 2010 9:55 am

theb


Arresto Menor
in addition to this she is also pregnant, she felt that if she continues to work with her boss it might also affect her pregnancy as she is getting stress over the incident.

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5 Re: office case on Mon Dec 13, 2010 6:30 pm

attyLLL


moderator
technically, she cannot be put on preventive suspension because she has already resigned. but without notice, the company can claim that she should be liable for damages.

if the company should go after her, then she can use her concern for her child as a defense.


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6 Re: office case Today at 2:51 pm

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