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COMPANY ISSUED A TERMINATION LETTER 19 DAYS AFTER I RESIGNED.

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Light24


Arresto Menor
Hi Attys,
Good Day!

May i seek your advice on my case.

I Received a Termination Letter delivered to my Home Adress last Septemeber 19, 2016. I was confused after receiving the said letter knowing that I submitted my resignation letter last August 25 ( Effectivity is September 1) and was accepted by the Senior VP via Company Email Add on the same day. And after 3 days I sent a scanned and Signed copy of my resignation using my company email add. ( Outlook) and she did confirm it via Trxt message. Btw i am based in Province and our HO was in Manila.

The Scenario.

1. August 24 HR Head called my attention and told me that there was an audit findings .she never mentioned what are the result of audit findings But she never presented any Documents or A showcause memo. I never see or receive anything. She Advised me that if i dont want to go over the Panel Hearing and alike it is better for me to resign. On which i agreed on it. But again there was no memo presented to me that day. It is only a verbal conversation. Also in addition she mentioned to me that the latest day that she can give me the showcause memo will be the following week since my Division Head is on leave. And He is the signatory.
Also She told me once the Showcause is done i dont have any choice but to go over Panel Hearing and I cannot resign in the middle. So for me to be safe though i really wanted to go over the panel hearing I decided to resign nalang.

August 25 I sent an Email Showing my intention to resign and was accepted by my immediate boss ( Senior VP) through her Company Issued Email add( i was able to document it)
August 31 i sent a scanned and signed resignation letter and again she was able to received it through txt message ( was able to document it) .
I also returned all the gadgets that were assigned to me to our branch here in the province.
The SVP announced my resignation to the whole Team on September 1 during their Q meeting. Some of my friends txted me and they confirmed that she mentioned it during their meeting( was able to keep my friends messages)

September 3,2016.

The teller of our Branch here in the Province texted me that I have a document in the office, although I am confused i went to the office and when i open it is a showcause memo . So as a respond I call the HO and talked to The Head of Employee Relations but his statement was " i cannot disclose anything about that" so I decided not to answer the showcause memo knowing that I already Resigned to the company Last Sep 1. and they just send it on September 3.
The reason I resign is because i follow the advice of the HRD Head to Resign so that she can't make the ShowCause memo and also for me to avoid the Panel Hearing and Co employee judgment.

Sept 19,2016

I received a Termination Letter and the reason are as follows;

1. I was unable to answer the Showcause Memo
It is my attention not to answer the showcause memo I received last September 3,2016. Becasue that is 2 days after my resigntion with effectivity on September 1.
2. They are demanding me to pay the questionable amount on the Audit Findings.
3. As per their letter " August 25 when Audit Findings were communicated to me in a ShowCause Memo "
It is August 24 ( when i attend the Q meeting) Not August 25 when the Hrd head talked to me regarding the audit findings. But she never presented any Documents or Memo pertaining to the audit findings. And I did not sign any document.
She noted that she will not make any showCause memo if Idecided to resign.
The Whole August 25 I was in the province the whole day.


My Question.

Is it legal that they Issue a Termination Letter effective September 19 when i Resigned last September 1,2016?
Is Email Resignation Will be accepted as a legal evidence?
( My Boss did acknowledge my resignation using a company Email Add twice)
Is text Message also be accepted as Legal Evidence?
Also Is social Media like viber and alike as a legal evidence?
Also i was able to printscreen that they post in Jobstret my Position last August 30, 2016 that is 2 Days before my Resignation.

I hope you can give me an advice on this matter as i am planning to file a labor case against them. I am just worried because I dont have a legal advisor right now at the same time my company is one of the Biggest Company in the Country.

Regards.

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HrDude


Reclusion Perpetua
Is it legal that they Issue a Termination Letter effective September 19 when i Resigned last September 1,2016?

How can you say that you resigned? Do you have evidence that is is 'APPROVED'. Being 'approved' is different from 'received'. If your resignation letter was received BUT NOT approved, your termination MAY be considered LEGAL.

Is Email Resignation Will be accepted as a legal evidence?
( My Boss did acknowledge my resignation using a company Email Add twice)
Is text Message also be accepted as Legal Evidence?
Also Is social Media like viber and alike as a legal evidence?
Also i was able to printscreen that they post in Jobstret my Position last August 30, 2016 that is 2 Days before my Resignation.

YES, it can be considered as evidence but a 'disputable one'.

NOTE: 'Acknowledgement', that you submitted a resignation letter, is DIFFERENT from 'approval' of a resignation letter. If you do have a pending admin case and you submitted a resignation letter during its pendency, your resignation letter can only be 'noted' and conditionally accepted but DEFINITELY cannot be approved (Presumption based on your story).

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Light24


Arresto Menor
Hi Atty,

May I know your Contact details please?
To further discuss the issue.

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lukekyle


Reclusion Perpetua
Is it legal that they Issue a Termination Letter effective September 19 when i Resigned last September 1,2016?
IF your resignation was already approved, then no it is not legal (meaning it has no effectiveness). Wala ka nang trabaho sa kanila so anong magagawa ng pagterminate nila. Can you file a complaint because of it. NO, anong i-file mo na complaint, eh tinanggal ka sa trabaho na hindi mo naman trabaho

Is Email Resignation Will be accepted as a legal evidence?
( My Boss did acknowledge my resignation using a company Email Add twice)
Is text Message also be accepted as Legal Evidence?
Also Is social Media like viber and alike as a legal evidence?
Basta you can prove na it came from them. yes it is

Also i was able to printscreen that they post in Jobstret my Position last August 30, 2016 that is 2 Days before my Resignation.
Wag mo na pakelaman ito. This has nothing to do with you since nag resign ka na.

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Light24


Arresto Menor
The reply on my Email Re my resignation is " Sad to Receive this, accepting your reaignation. " that's the SVP reply to my Email. Is that considered as a Approval?

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lukekyle


Reclusion Perpetua
yes. If this can be proven to have come from the SVP, then this is considered approval. Just a note to remember having resigned from your job does not mean they cannot charge you for the results of the audit

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Light24


Arresto Menor
I Can Provide he Email Trail of the said conversation.
Atty is there any Contact Details you can provide if I ever I want a legal advise / help from you?

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lukekyle


Reclusion Perpetua
sorry, im not an attorney. Just a HR practitioner.

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Light24


Arresto Menor
I See, Thank you. Will it be acceptable if I will send a Letter to them questioning their Termination decision, I am afraid that I may not be able to land a new Job because of this.

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lukekyle


Reclusion Perpetua
hindi ka pa nagbigayan ng COE before?

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Light24


Arresto Menor
I do have a Copy of ORIGINAL COE they gave when I had a bank transactions before, Sir why are you asking po? Are you referring po ba sa clearance?

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lukekyle


Reclusion Perpetua
You mentioned kasi na you are afraid mahirapan ka makakuha ng new job because of this. If na issuehan ka ng COE before, might alleviate your situation a little bit

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obi0315


Arresto Menor
As lukekyle already mentioned, I also think you should focus more on their claims regarding the audit findings instead of the validity of your resignation.

You mentioned that there is an audit findings, and you are being asked to pay. Please note that if you do not clear this as soon as possible, it will not matter if you are still their employee or not. They can still file a case against you for qualified theft. Penalty can be very severe if proven guilty.

My advise would be to sit down with them and discuss the issue rather than trying to avoid it by resigning.

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bestia.nera


Arresto Mayor
sorry to barge in
pa help guys,
im working as a customer service rep here in cavite(bpo).i signed a contract that is per hour in nature, ang bayad literal na per hour kasi they are not paying for meetings bladder breaks and short breaks,talagang auto in lang ang bayad,ang mahirap pa they will force you to extend if hnd ka naka 8hrs,i escallted this to hr and the management pero napaginitan lang ako,last december they review all of my call at naghanap ng butas,they caught me dropping a call dahil ungas ang customer ko,i submitted an nte na wala ako pinirmahan na policy na bawal magdrop call which is totoo naman na wala at marami gumagawa nun including sups.nakalusot ako but next day sinuspend ako dahil sa q.a. score
65 out of 100.at that day madami kami bagsak some of us got 0 pero ako lang sinuspinde,naserve sakin ang suspension notice same day sarado pa ang hr.so went to dole and file a complaint,when the company heard it biglang nagpatawag ng hearing,i attended and stick to my statement na walang guidelines ang company since we didnt sign anything.nareinstate ako binayaran nila yung days na wala ako pero yung accured leave hindi,tapos ibinalik ako sa team ko na ang may hawak yung manager na inireklamo ko.after a month nagfile ako ng leave in accordance to our policy na pwd ka gumamit ng 10days leave all the time akala ko nakaleave ako and bayad,pagdating ng sweldo nagulat ako hinold daw nung manager kasi hindi na daw pwd yung policy na yun.nagreklamo na ko sa nlrc waiting for hearing nalang.


my question is:

1.illegal suspension tama ba?
2.reinstated sa same team?
3.retaliation article 118.
4.may habol ba kami sa work hours at ot?


salamat guys

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HrDude


Reclusion Perpetua
Refrain from posting the same post on several prior postings. You cannot demand an immediate answer for your query. Also, this has been attended to.

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