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What Should I do? My Employer Pre-Terminated My Contract Effective Immediately

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Arresto Menor
Dear Legal Practitioners,

I hope you can help me on my situation.

I am working as an Account Manager of a big company (Company A), but my contract is with an Agency. It is an Engagement Contract as a Project Consultant for a period of July 2015-June 2016.

The other month, there was a complaint against me that I violated the Confidentiality clause of my contract. This is what happened: One day, I texted my Managed Reseller asking if it is true that they are "on hold" in one of the Distributors of Company A. I asked the Reseller because the Account Executive handling this Reseller from the Distributor was keep on telling me that this Reseller is "on hold" (meaning they have standing payables with Distributor). To protect my Managed Reseller, I validated the information if it is true so that they can fix it right away to avoid any problems in the business process. After I asked that, the Reseller got upset to the Distributor and sent the Distributor an email not to tell this kind of information to the capital (Company A), me in particular on that scenario because I represent Company A. Because of that, the Distributor got upset with me and complaint to Company A on what I did.

Three day after that happened, the Agency called my attention and asked me for a Written Explanation, which I honestly explained what happened. Two working days after that, I received an indefinite Notice of Preventive Suspension. I appeared to the agency explaining my side and they told me that the reason of the preventive suspension is for the investigation to happen. After a week, I asked for the copy of the evidences presented against me, but they have not shown anything aside from the email of my immediate supervisor from Company A to the Agency asking for my immediate replacement.

Is this not an illegal pre-termination of my contract by the Agency? Or an illegal dismissal from the side of Company A, as my employer on the eyes of the law?

Last week, I just got the Notice of Decision which is a Pre-Termination of my Contract effective on the date of the receipt, and asking me to return any properties of the company in my possession within 15 days. Until now, I still have the laptop issued to me by Company A.

However, in the contract it says "The Project Consultant may terminate this Contract only upon written consent of the client and by serving written notice at least thirty (30) days prior to the intended termination date. AGENCY may likewise terminate the services of the Project Consultant on valid grounds by serving written notice of termination thirty (30) days prior to the intended termination date.

But there was no 30 days notice given.

What should I do? What should I reply to them?

Thank you very much and I super appreciate all your responses.

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Reclusion Perpetua
I don't know, I just give you moral support. When I have own business or being manager I WANT employees to do as you did (=TELL possible problems INTERNAL to a person in related manager position, which I see what you did as.) :thumb up:
So I would find that company very STUPID if they terminate you, and some stupid they even make a prevent suspension Shocked It's bad they can't see direct when a complaint is obviously wrong...

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Arresto Menor
Hi Lunkan, thank you so much for your moral support. They already gave me a Notice of Decision for Pre-Termination, so they are STUPID. I really feel bad. Now I am thinking if I still have to respond to them and ask for the 30 days notice due to me.

Thank you and God bless!

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Reclusion Perpetua
Any decision for "pre-termination" if there is such a thing, may be considered as constructive and/or illegal dismissal.

However, on the point of "valid grounds" - there may be no need for 30 days notice given for terminations based on just causes (ie policy violations) - and as long as due process is observed.

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