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Illegal Termination Prior to Retrenchment

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1 Illegal Termination Prior to Retrenchment on Sat Jan 22, 2011 5:06 am

jana


Arresto Menor
Hi Atty,

Been searching for this site and am glad finally got here...
I would like to ask your advice regarding my case. I'm a Supervisor in a Call Ctr for 1 and a half year now.
On Mon, our boss called me on my extension saying he is now going to close down our project due to non performance and advised me that he is going to give a 30 day notification to the team. He also said that he is giving me an option as a courtesy that I can choose to resign and not to come to work anymore and that he will give me a full month's salary so I can have something to start up with or wait for him to find a way to terminate me. He said he will give me a minute to think it over and ask me to call him back for my decision. Prior to speaking with me, he already sent out an email to the management team to terminate me and to do whatever it costs just to fire me on the grounds of non-performance (with which I only receive 1 memo, and he gave me a quota which is really not doable.

What I did is I sent him an email saying I will not resign, I will just wait for the 30 days before I leave.
An hour after I sent him the email, he sent out a notification for retrenchment to all staff.

He replied with my email saying he doesn't like to work with me anymore, and then locked me out on our system the next day. Our HR Officer called me on my cp and told me that she is giving me the option come to work or not and will still be paid for the last 30 days, just to please the client of not seeing me come to work anymore. Also, on the list of employees who are about to be laid off, my name is not included.

In this regard, would it be possible for me to file a case for Illegal Termination?

Thanks Atty...









Last edited by jana on Mon Jan 24, 2011 3:35 am; edited 1 time in total (Reason for editing : wrong grammar/choice of words...:))

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2 Re: Illegal Termination Prior to Retrenchment on Sat Jan 22, 2011 10:08 am

attyLLL


moderator
to my mind not all the requirements for a valid retrenchment have been shown. moreover, it appears that the basis for your termination is not retrenchment but your manager's dissatisfaction; hence your termination should not be guised as retrenchment.

send me an email or private message if you need more assistance


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3 Re: Illegal Termination Prior to Retrenchment on Sat Jan 22, 2011 1:15 pm

jana


Arresto Menor
Thanks for your assistance Atty.
I'll be sending you an email in a short while to explain this further.
I really appreciate this Smile

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4 Re: Illegal Termination Prior to Retrenchment on Sat Jan 22, 2011 4:39 pm

jana


Arresto Menor
Hi Atty,

I just sent an email to your Gmail...

Thanks much!

Jana

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5 Re: Illegal Termination Prior to Retrenchment on Mon Jan 24, 2011 3:38 am

jana


Arresto Menor
Hi Atty.,

I just sent a reply on your email.

Thanks Smile

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6 Re: Illegal Termination Prior to Retrenchment on Tue Jan 25, 2011 11:14 am

attyLLL


moderator
replied


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