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Stripped from post without resignation letter

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1 Stripped from post without resignation letter on Thu Jul 14, 2016 8:19 am

Sam1984


Arresto Menor
Hi All,

I need an advice on something that's happening to me right now. I do appreciate any help or guidance.

I'm a manager, regularized. I've been expressing sentiments to my superiors that I wanted to quit but I changed my mind cause there was no reason for me to quit anymore, family problems got solved so I'm doing okay. The problem is they already stripped me of my team and had my team sign another contract telling them that they no longer report to me. They also removed my responsibilities with other tasks and gave it to someone else. This was all happening while I was still there and I haven't even submitted a formal resignation letter yet. They were also the once who gave me only 1 month until I fully leave.

I don't understand what happened there, all I know is that I told them that maybe I would quit but just to give me a few days to confirm. It hasn't even been a week and they're already removing me from the company, with no formal resignation letter.

My question is, can they do that? And what if I don't submit a resignation letter and just stay, can they remove me from the company? What are the grounds? Can they remove me for redundancy?

Any feedback / comment would be helpful.


Thank you!

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lukekyle


Reclusion Perpetua
"They were also the once who gave me only 1 month until I fully leave." - what does this mean? Did they give you a memo saying you will be terminated in one month?

If they want to get rid of you, they could do it a couple of ways.
A.) Since you are a manager, you could cite "loss of confidence"
B.) redundancy is also an option but they will have to give you separation pay

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Sam1984


Arresto Menor
They did not give me any memo, they just told me that I only had 1 month to stay since I told them I was going to quit, but I told them I'm not going to quit anymore. But still they continued transitioning my people and my tasks to other managers.

There were no documentation whatsoever. And I don't think they can remove me for redundancy if they're going to hire one to replace me. Also, I was never given any negative feedback on my work that they could cite "loss of confidence."

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lukekyle


Reclusion Perpetua
Possible scenarios

A) They claim you verbally resigned and they accepted.
B) They can justify redundancy with just putting new titles on the newly hired replacements
C) They can just make up "negative feedback" to cite loss of confidence.

I'm just citing the worst case scenarios so you can be prepared. That being said, wait for them to not allow you to report for work. Then you may consider filing a complaint

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HrDude


Reclusion Perpetua
Sam1984 wrote:They did not give me any memo, they just told me that I only had 1 month to stay since I told them I was going to quit, but I told them I'm not going to quit anymore. But still they continued transitioning my people and my tasks to other managers.

There were no documentation whatsoever. And I don't think they can remove me for redundancy if they're going to hire one to replace me. Also, I was never given any negative feedback on my work that they could cite "loss of confidence."

If your intention not to resign anymore was given to them taking AFTER their 'actions', I believe they are just getting ready for your impending departure.

If your intentions were known to them PRIOR to their actions, this may be construed as Constructive Dismissal. Redundancy and/or Loss of Confident is NOT applicable here.

A retracted intent to resign CANNOT be a ground for a just cause (Loss of Confidence) or authorized cause (Redundancy) for termination of an employee.

Just continue to report for work. Management will have to do some actions later on. After which, your situation and options will become clearer if a complaint is warranted.

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Sam1984


Arresto Menor
Thank you both! You've been very helpful. I've been stressed out these past few days because of what they did and are doing.

Atleast I know what to do now - continue to report for work and be good at what I do. We'll see what happens after their "1 month" is up.

Thanks again!!

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