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

Are we looking at a solid case of constructed or forced resignation and discrimination?

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

employee.ph


Arresto Menor
After my wife's 1:1 meeting with her boss saying she cannot be absent anymore going forward because its a basic expectation from a Senior Manager, she was compelled to resign. The next day she submitted her resignation stating that she won't be able to sustain not getting sick nor won't have family emergencies in the future. On the third day, her boss talked to her and confirmed that her understanding is not correct in that they're not asking her to be in the office always but to only have a permanent shift and verbally mentioned that they want to save her from resigning. Her boss agreed for my wife to rethink about her decision so 2 days from that talk, she emailed retracting her resignation stating that she agrees with their conditions of at least try to minimize absences and work on a permanent shift. 5 days after her retraction, my wife was called for another meeting this time with her boss and HR and they informed her that they are not accepting her retraction because she's no longer fit for the position. They said that because of the things she mentioned in her resignation letter in that she has become sickly due to long hours of work and the fact that her family will always be her priority, they think that she's no longer fit for the role.

Are we looking at a solid case of constructed or forced resignation and discrimination?

View user profile

HrDude


Reclusion Perpetua
FYI, assuming that your wife's resignation letter was duly approved prior to her retraction, Management has the SOLE discretion to accept or not any retraction from your wife.

Note, however, that you never mentioned in your message if indeed your wife was considered resigned or if the employer-employee has been severed. Because, if not, there wouldn't be any 'forced resignation' to speak of as it is deemed premature.

View user profile

employee.ph


Arresto Menor
her resignation was not formally accepted.
she email her resignation 03/01/2016;
her manager talked to her on 03/02/2016 and informed her that she want to keep her and save her from resigning'
she retracted her resignation on 03/04/2016.
Company HR and her manager informed her that they are not accepting her retraction on 03/08/2016.

View user profile

HrDude


Reclusion Perpetua
employee.ph wrote:her resignation was not formally accepted.
she email her resignation 03/01/2016;
her manager talked to her on 03/02/2016 and informed her that she want to keep her and save her from resigning'
she retracted her resignation on 03/04/2016.
Company HR and her manager informed her that they are not accepting her retraction on 03/08/2016.

If this is the case, if there is no approval of the retraction, you then have no reason to complain as the resignation was duly accepted.

View user profile

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