Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

"Forced Resignation"

View previous topic View next topic Go down  Message [Page 1 of 1]

1 "Forced Resignation" on Tue Sep 29, 2015 5:28 am

Empires2


Arresto Menor
I have been working for this call center for for the last 6.5 years. At the later part of my employment this was when the trouble set in. Performance for my site wasnt doing very well for varied and justifiable reasons and at the end i was asked by my boss to just "resign." She said, and i quote, "hindi na kita kayang ipagtangol sa mga boss ko. Wag mo nang hintayin na utusan nila ako memohan ka. Unahan mo na by resigning." At the exact same time as well, i was having health issues and was literally impossible for me to report to work (this i think also compounded their will / decision to "ask me to resign"). During that phone conversation with my boss telling me that i only have a week left to tie any loose ends in the office she told me to just send her through email my resignation letter (again, this was just a composed email message without my signature). At that time i reluctantly agreed to this because everything was happening so fast and i was literally on the brink of death because of my illness and wasnt thinking straight (i still wasnt able to work anymore even on the supposed last week because i was already admitted in the ICU and was there fighting for my life for half a month). I did send an email which served as my "resignation letter" but again this was electronic and wasnt signed. Here's my concern:
1. Was my resignation valid since there was no acceptance letter issued to me by my company accepting my resignation? I should have a copy of the acceptance letter from my employer after i gave my resignation as an acknowledgment that they "accepted" my resignation, right?
2. Though there were clearly (and admittedly) key performance metrics that i was responsible for that was not meeting goal - my monthly score card (and mid-year appraisal from my boss) were all PASSING with favorable comments / feedback from my direct boss. Essentilly, i was charged, judged and eventually executed for KPIs that are not even direct components of my score card which i am being measured on - and it didnt matter that my monthly rating on my score card were all passing.
3. Was it also legal that given the fact that at that time i was critically ill (which i made a full recovery eventually) they asked me to just "resign?" I dont think it was my fault that i got ill and was impossible for me to report to work - nobody wants or deliberately gets ill, right? These sort of things happen in life.
4. I have screen shots of my ratings for my monthly score card and mid-year appraisal (including my boss' feedback) and the medical certificate issued by the hospital that admitted me confirming my conditon and the date inclusive of my stay there - are these enough together with my story of what happened build a (strong) labor base of illegal dismissal againts my former employer?
This all happened 4 months ago and i really want to know and for my own peace of mind if what happened to me was valid / legal or this is a case of illegal dismissal (since there was no due process that happend, i wasnt given a chance to defend myself, and they took advantage of the fact that i was critically ill with a life threatening condition).
Thank you for your time in reading this and would appreciate your quick response regarding my concern.

View user profile

2 Re: "Forced Resignation" on Tue Sep 29, 2015 7:53 am

council


Reclusion Perpetua
Empires2 wrote:
1. Was my resignation valid since there was no acceptance letter issued to me by my company accepting my resignation? I should have a copy of the acceptance letter from my employer after i gave my resignation as an acknowledgment that they "accepted" my resignation, right?
2. Though there were clearly (and admittedly) key performance metrics that i was responsible for that was not meeting goal - my monthly score card (and mid-year appraisal from my boss) were all PASSING with favorable comments / feedback from my direct boss. Essentilly, i was charged, judged and eventually executed for KPIs that are not even direct components of my score card which i am being measured on - and it didnt matter that my monthly rating on my score card were all passing.
3. Was it also legal that given the fact that at that time i was critically ill (which i made a full recovery eventually) they asked me to just "resign?" I dont think it was my fault that i got ill and was impossible for me to report to work - nobody wants or deliberately gets ill, right?  These sort of things happen in life.
4.  I have screen shots of my ratings for my monthly score card and mid-year appraisal (including my boss' feedback) and the medical certificate issued by the hospital that admitted me confirming my conditon and the date inclusive of my stay there - are these enough together with my story of what happened build a (strong) labor base of illegal dismissal againts my former employer?
This all happened 4 months ago and i really want to know and for my own peace of mind if what happened to  me was valid / legal or this is a case of illegal dismissal (since there was no due process that happend, i wasnt given a chance to defend myself, and they took advantage of the fact that i was critically ill with a life threatening condition).  
Thank you for your time in reading this and would appreciate your quick response regarding my concern.

1. Generally an email resignation may be valid, subject to conditions and policies of the company. There is no rule regarding a required acceptance letter.

2. What's the question?

3. You could have just ignored the verbal advice given, though your supervisor's actions could be construed as constructive dismissal.

4. Possible - but you resigned, so it may take a long process for you to win this.

View user profile http://www.councilviews.com

3 Re: "Forced Resignation" on Tue Sep 29, 2015 10:05 pm

Empires2


Arresto Menor
1. Given that i did send a resignation letter through email, can this be considered "voluntary" since my supervisor asked me to do this? I know for a fact that an employer cannot ask its employees to resign or at least that has been our practice in our company never to say the word "resignation" to the employee. In the first place it was never my intention to resign.

2. Sorry, but my question was supposed to be - my employer deemed that i was not performing but based on my scorecard and mid-year appraisal, month on month i had a passing rating - the reason for them to think that i wasnt performing is because of other metrics which arent even components of my monthly scorecard so technically based on what im being measured on (based on my scorecard) I was passing. Does my company have quantitative basis to say that i wasnt performing since my scorecard rating says otherwise?

3. What are my options if i took the "constructive dismissal" route againts my former employer? Would this entitle me for a separation pay?

Thanks again for your quick response!

View user profile

4 Re: "Forced Resignation" Today at 7:14 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum