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Can an Employee still file a Complaint in DOLE if the Company already released the last pay after Termination?

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vinjfull


Arresto Menor
Hi, Really need advice! Thanks.

1. I was terminated last September 17, 2015 because of Gross and habitual negligence. Before my termination I was first suspended for 4 days, the suspension was paid because it was for investigatory purpose. The reason for the suspension was because I was absent for 3 days, I was able to notify them but upon my return I submitted my medical certificate but it was not valid because the medcert was not procured on the dates of my absence.

3. After the 4 days suspension, I was suspended again for 9 days because after the investigation it was my sanction. Upon my return Last September 14, 2015, I was suppose to resume work but they did not let work, instead the HR told me that our General manager is offering me to voluntarily resign and if I do that they will give me 1 month pay aside from my last pay. I did not accept the offer and what they did is they presented another case against me that I was not able to perform my duty and responsibility as the initial QA. On that day they conducted another investigation for the case but I was not suspended, instead I was not not allowed to work but with pay.

5. The case against me was slightly true because I did fail to perform the initial QA, but there was a reason for that, the document was needed to be sent on August 5, 2015, our shift starts at 3 p.m - 12 a.m, our supervisor the final QA told us to generate the documents but the template was not ready, the template was finalized it was forwarded to us around 9 or 10 p.m and we needed to generate 680 documents. We submitted all the documents to our supervisor for final QA, she even checked the template before we used it. After that, it was discovered that there was an error on all the documents. That's the reason for my termination because I failed to perform QA. I told them that how am I supposed to perform QA to 680 documents when the deadline was 12 a.m and when I forwarded the documents to our supervisor who is the "FINAL QA" she sent it to our client. The "ERROR" was actually supposed to be on ME and our SUPERVISOR because if I failed to perform "INITIAL QA" then my supervisor also failed to perform the "FINAL QA". But I was the only one who got terminated and my supervisor got out clean.There was no clear hearing and my side was not even properly heard. I was terminated last September 17, 2015.


6. Yesterday October 2, 2015, they released my last pay but there was no separation pay because my termination was tagged Gross habitual negligence because they added the 3 days absence I mention earlier. They even let me sign a document stating that they are no longer liable for claims and prejudicial actions to them. I was hesitant to sign but I have no choice but to sign because they will not release my last pay and I have no money at all.

7. Can I still file a complaint in DOLE? and if YES, do I have a chance of winning?

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