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1 ILLEGAL DISMISSAL on Sun Sep 27, 2015 7:00 pm


Arresto Menor

I want to seek for a legal advice po. I have filed a case against my employer (a BPO company) for illegal dismissal. I've worked with them for 2 years as a sales rep. Last August 18 nung papasok na po ako sa work bigla nalang po ako hinarang nung guard at ng isang hr assistant telling me na i'm no longer allowed to come inside the office then the hr assistant told me na nag-email daw po yung supervisor ko ng endorsement for termination due to excessive absences. Meron po kasi kami 15 allowable absences in a year, nag exceed po ako ng isa which happened on the day (August 17) before na nalaman kong inendorse ako for termination so in short i called in absent nung August 17 and then pagpasok ko bigla kinabukasan endorse na pala ko without prior notification. And then i'm asking for further explanation from the management or any short hearing man lang but they just refused it. The hr assistant told me to wait for my supervisor to arrive and then we'll have a short meeting and then nung dumating na sya pinasabi nalang nya na ayaw na daw nya ko kausapin ayaw na daw nya mag-explain same with the manager, the manager refused to give me an explanation kase daw she's busy. By the way yung hr assistant na kumausap sakin is not really in charge for the said issue ang in charge talaga naka sick leave and he was just talking to me over the phone at pabago bago ang sinasabi nilang process sakin. Nung una sabi nila they'll give me a chance to explain my side (NTE) and then after few hours the hr manager said bago na daw process nila automatic daw serve na agad ng termination paper. Sinabi ko po sakanila na hindi ko tatanggapin yung term letter dahil walang due process na nangyari at incomplete naman po ang documents ng sinasabi nilang reason ng termination ko. Ang mga absences/leave ko ay legal, with complete approval from the management and then yun ang gagawin nilang reason to terminate me. Binigyan nila ko ng isang option, force resign, nung una tumanggi ako magsubmit pero pag diko daw yun ginawa they will serve the term letter at dahil ayoko naman magkaroon ng negative issue sa record ko napilitan ako magsubmit ng resignation letter.

I wanna know po sana if there are any chances for me to win /claim my rights over this case, we'll have the first hearing po for regular case on October 8 kase po di po kami na-settle dun sa last 2 sessions namin. Thank you

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2 Re: ILLEGAL DISMISSAL on Mon Sep 28, 2015 5:52 am


Reclusion Perpetua
Yes you have a good chance to win this.

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3 Re: ILLEGAL DISMISSAL on Mon Sep 28, 2015 1:12 pm


Arresto Menor
council wrote:Yes you have a good chance to win this.

Thank you for the response.

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