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EMPLOYMENT TERMINATION PROCESS

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1 EMPLOYMENT TERMINATION PROCESS on Mon Dec 28, 2015 3:33 pm

legalmatter@rdf


Arresto Menor
Hi Sir/Ma'am;

I was an assistant manager from a bank that have been terminated due to unauthorized absences / gross and habitual negligence / non performance of official duties and responsibilities / lost of trust and confidence. I have been in the bank for 5 years. My questions are.

1) Is it legal to terminate an employment without even having a single administrative hearing and / or talking to me personally before they arrive with the decision to terminate my employment? They have served Notice to Explain and responded within the described 5 days. They made a decision after 3 weeks without hearing that they are ending their relationship to me.

If this is illegal, what do i need to do?

2) Can I still submit resignation so i could use it as one of my requirements to my future employer?

3) Do they have the right to disclose that I was terminated due to cause should my future employer verify my employment with them?

2) What does " YOUR SEVERANCE FROM EMPLOYMENT SHALL BE WITHOUT PREJUDICE TO ANY ADMINISTRATIVE, CIVIL, AND/ OR CRIMINAL CASE THAT THE BANK MAY FILE AGAINST YOU" mean exactly in layman's term?

Thank you in advance.

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2 Re: EMPLOYMENT TERMINATION PROCESS on Mon Dec 28, 2015 5:42 pm

council


Reclusion Perpetua
legalmatter@rdf wrote:Hi Sir/Ma'am;

I was an assistant manager from a bank that have been terminated due to unauthorized absences / gross and habitual negligence / non performance of official duties and responsibilities / lost of trust and confidence.  I have been in the bank for 5 years.  My questions are.

1) Is it legal to terminate an employment without even having a single administrative hearing and / or talking to me personally before they arrive with the decision to terminate my employment? They have served Notice to Explain and responded within the described 5 days.  They made a decision after 3 weeks without hearing that they are ending their relationship to me.

If this is illegal, what do i need to do?

2) Can I still submit resignation so i could use it as one of my requirements to my future employer?

3) Do they have the right to disclose that I was terminated due to cause should my future employer verify my employment with them?

2) What does " YOUR SEVERANCE FROM EMPLOYMENT SHALL BE WITHOUT PREJUDICE TO ANY ADMINISTRATIVE, CIVIL, AND/ OR CRIMINAL CASE THAT THE BANK MAY FILE AGAINST YOU" mean exactly in layman's term?

Thank you in advance.


You can file a complaint with DoLE / NLRC.
However if the decision for termination has valid grounds, you may be entitled to nominal damages only (approx 30K).

You can submit a resignation letter - but the company is not obligated to accept it, since a decision has already been made.

The company has a right to disclose any information as long as it is true.

The company reserves its rights to file any civil or criminal case against you even if you are already separated, if they find any evidence that you may have done something illegal while still (previously) employed.

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3 EMPLOYMENT TERMINATION PROCESS on Mon Dec 28, 2015 6:15 pm

legalmatter@rdf


Arresto Menor
Thank you so much for the information.  I have no knowledge that I have made things that would make the company file a law suit against me.  The only reason was my 40 working days absences which include sick leaves and vacation leaves which is beyond my annual allotment.  I had encounter domestic issues at home that affected my work due to inability to report back for duty.  But I have never fail to communicate and provide notifications of absences.  This is only a part of my reasons why I was being absent.  In my responses to them, that I have been experiencing severe discrimination for 2 years already. More than 7 incidents to be exact.  And the subjects are high ranking officials than me who's been with the company longer than me.  I submitted evidences too.  But after burning the bridges which i thought was the only way, this is what happened.  

The reason why i ask about their quote on the termination notice about severance is that, I have stocks and retirement benefit.  And we are talking about around 300k at least, not to include statutory benefits.  

Lastly, I would grab the opportunity to ask you since you are from HR.  How would you advice me to start my career? We are talking about 5 years of employment.  If I wouldn't declare it, it would be a big question and for sure they will find out.  I am a family man with  kids on school and couldn't afford to be unemployed.

Thank you so much for the assistance I appreciate it!

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4 TERMINATION PROCEDURE on Sun Jan 03, 2016 3:08 pm

legalmatter@rdf


Arresto Menor



council wrote:
legalmatter@rdf wrote:Hi Sir/Ma'am;

I was an assistant manager from a bank that have been terminated due to unauthorized absences / gross and habitual negligence / non performance of official duties and responsibilities / lost of trust and confidence.  I have been in the bank for 5 years.  My questions are.

1) Is it legal to terminate an employment without even having a single administrative hearing and / or talking to me personally before they arrive with the decision to terminate my employment? They have served Notice to Explain and responded within the described 5 days.  They made a decision after 3 weeks without hearing that they are ending their relationship to me.

If this is illegal, what do i need to do?

2) Can I still submit resignation so i could use it as one of my requirements to my future employer?

3) Do they have the right to disclose that I was terminated due to cause should my future employer verify my employment with them?

2) What does " YOUR SEVERANCE FROM EMPLOYMENT SHALL BE WITHOUT PREJUDICE TO ANY ADMINISTRATIVE, CIVIL, AND/ OR CRIMINAL CASE THAT THE BANK MAY FILE AGAINST YOU" mean exactly in layman's term?

Thank you in advance.


You can file a complaint with DoLE / NLRC.
However if the decision for termination has valid grounds, you may be entitled to nominal damages only (approx 30K).

You can submit a resignation letter - but the company is not obligated to accept it, since a decision has already been made.

The company has a right to disclose any information as long as it is true.

The company reserves its rights to file any civil or criminal case against you even if you are already separated, if they find any evidence that you may have done something illegal while still (previously) employed.

Thank you so much for the information. I have no knowledge that I have made things that would make the company file a law suit against me. The only reason was my 40 working days absences which include sick leaves and vacation leaves which is beyond my annual allotment. I had encounter domestic issues at home that affected my work due to inability to report back for duty. But I have never fail to communicate and provide notifications of absences. This is only a part of my reasons why I was being absent. In my responses to them, that I have been experiencing severe discrimination for 2 years already. More than 7 incidents to be exact. And the subjects are high ranking officials than me who's been with the company longer than me. I submitted evidences too. But after burning the bridges which i thought was the only way, this is what happened.

The reason why i ask about their quote on the termination notice about severance is that, I have stocks and retirement benefit. And we are talking about around 300k at least, not to include statutory benefits.

Lastly, I would grab the opportunity to ask you since you are from HR. How would you advice me to start my career? We are talking about 5 years of employment. If I wouldn't declare it, it would be a big question and for sure they will find out. I am a family man with kids on school and couldn't afford to be unemployed.

Thank you so much for the assistance I appreciate it!

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