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RESIGNED EMPLOYEE FILED DOLE CASE

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1 RESIGNED EMPLOYEE FILED DOLE CASE on Tue Dec 29, 2015 2:57 pm

hr-tom


Arresto Menor
One of our employees (Salaray:10K | 5years of service) resigned November 12, 2015 with a resignation letter.

November 29, I terminated two employees and gave them sep pay.

Now the resigned employee heard that I gave a sep pay to the terminated employee, the resigned employee now wants HIS SEP PAY.

When I denied t give him, he filed DOLE case.




DOES HE HAVE A FIGHT?




ANOTHER QUESTION IS WHY DO DOLE ENTERTAIN THIS KIND OF COMPLAINTS WHEN I COMPLIED WITH THEIR POLICIES (GAVE 13MONTHPAY AND LAST SALARY)

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2 Re: RESIGNED EMPLOYEE FILED DOLE CASE on Tue Dec 29, 2015 3:37 pm

council


Reclusion Perpetua
Why did you give separation pay to the terminated employees?

The resigned employee does not have a good chance of winning unless you have a company policy about separation pay to resigned or terminated employees.

DOLE will entertain complaints because they comply with the requirements for a possible valid issue. And it gives them a chance to rule on cases that may be similar.

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3 Re: RESIGNED EMPLOYEE FILED DOLE CASE on Tue Dec 29, 2015 4:03 pm

hr-tom


Arresto Menor
because i terminated them without due process? or justified cause? (failed performance evaluation) or is that a justified cause

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4 Re: RESIGNED EMPLOYEE FILED DOLE CASE on Tue Dec 29, 2015 4:31 pm

council


Reclusion Perpetua
hr-tom wrote:because i terminated them without due process? or justified cause? (failed performance evaluation) or is that a justified cause

termination because of failed performance evaluation? i assume this means the employee was probationary? was the employee given opportunities to improve after the first eval? then terminated after the final eval?

generally termination because of non-performance does not entail payment of separation pay.

and "due process" for the employee having failed the eval would be discussion then opportunity to improve before separation.

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5 Re: RESIGNED EMPLOYEE FILED DOLE CASE on Tue Dec 29, 2015 4:40 pm

hr-tom


Arresto Menor
No, we've conducted our annual PE. The employee was given 30 days notice on his memo for improvement. So it wasn't really required for me to give sep pay then? Very Happy

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6 Re: RESIGNED EMPLOYEE FILED DOLE CASE on Tue Dec 29, 2015 4:43 pm

council


Reclusion Perpetua
hr-tom wrote:No, we've conducted our annual PE. The employee was given 30 days notice on his memo for improvement. So it wasn't really required for me to give sep pay then? Very Happy

Regular employee?

IMO generally for termination related to performance, separation pay is not required.

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7 Re: RESIGNED EMPLOYEE FILED DOLE CASE on Tue Dec 29, 2015 4:55 pm

hr-tom


Arresto Menor
whats the toughest question/case you've answered and what was the answer? just curious

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8 Re: RESIGNED EMPLOYEE FILED DOLE CASE on Tue Dec 29, 2015 5:26 pm

council


Reclusion Perpetua
hr-tom wrote:whats the toughest question/case you've answered and what was the answer? just curious

Illegal dismissal issues with the employee asking for 500K for every year of service.

There is no one question in any situation.

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