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cons dismissal

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1 cons dismissal on Thu Sep 29, 2016 9:04 pm

bestia.nera


Arresto Mayor
hello I need your advise, im a call center agent and I filed a complaint in dole back in January because my company suspended me for 30 days because of 1 failing q.a. score,when we talk to dole they decided to reinstate me but im not gonna be reporting under the manager that Ive complaint,they paid the days na nawala ako pero yung leave credits ko na dapat na accured ko hindi nila binigay,and after a month ibinalik nila ko sa manager na ikinoplaint ko,nagpunta agad ako sa hr tapos hinihingan ako ng resignation kung ayaw ko daw pumayag na mabalik dun sa manager,so nagwork parin ako,july 15 sumakit yung likod ko and I was diagnose with kidney problem,nagleave ako at pinayagan naman ako ng supervisor at payroll and benifits base on the company policy kasi ped kami magleave ng 10days paid,pag dating ng sweldo walang pumasok sa sweldo ko,nagtanong ako sa hr ang sabi hinold daw ng manager,kung ano anong dahilan sinabi nila,nagpresent ako ng medcert pero wala pa din.
is this retaliation?

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2 Re: cons dismissal on Sun Oct 16, 2016 4:43 pm

thepoetsedge


Reclusion Perpetua
What is the specific basis of your supervisor in holding your salary? Did you receive any notice from the HR or Payroll department regarding your situation? Are there any specific protocols mentioned in your employee handbook regarding paid sick leaves and putting salaries on hold for an amount of time?

Keep everything documented and make a copy of every official document you receive from your supervisor and HR, since these may prove to be valuable in defending yourself if there will be future litigation. You may want to secure an attorney's services if you feel that you have a case against your employers, especially if they are unduly threatening you with legal action.

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3 Re: cons dismissal on Mon Oct 17, 2016 12:16 am

bestia.nera


Arresto Mayor
I have my supervisor sworn statement and a copy of company policy that says we can have 10days paid leave.thanks poetsedge

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4 Re: cons dismissal on Mon Oct 17, 2016 3:59 pm

thepoetsedge


Reclusion Perpetua
Keep those documents in a safe place, and please answer my other queries on my previous post so we can shed more light in the matter. What does the sworn statement of your supervisor contain?

I assume there are procedures to follow before you get approved for the maximum of 10 days paid leave. Were those procedures followed and approved accordingly by the proper administrators?

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5 Re: cons dismissal on Mon Oct 17, 2016 11:33 pm

bestia.nera


Arresto Mayor
the process has been followed accordingly when I filed my leave,the sworn statement says that our vp wants me out of the office and I also have the email thread copy.

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6 Re: cons dismissal on Mon Oct 17, 2016 11:35 pm

bestia.nera


Arresto Mayor
my leave has been approved by my manager and payroll/benefits and was scrubbed by the vp himself

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7 Re: cons dismissal on Tue Oct 18, 2016 7:23 am

thepoetsedge


Reclusion Perpetua
Is this sworn statement by your supervisor duly notarized? Have the email thread printed and screenshot all the communication accordingly so that if ever they will be tampered with, you will still have a copy that represents the original. Did the VP specifically mention in the email thread that he just wants to get rid of you since you complained to the DOLE regarding their labor practices?

This is a potential case against the company itself and if they do terminate you without just cause under the labor law or have you forcibly resign, an illegal dismissal case can be filed against them.

It is wise in this stage that you secure the services of a lawyer so that every step that you'll take will have legal support and basis.

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8 Re: cons dismissal on Tue Oct 18, 2016 7:41 am

bestia.nera


Arresto Mayor
no its not notarized.ive already printed all the email thread.the email says "I don't care about that guy and I don't want to see his face again,make his life a living hell"

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9 Re: cons dismissal on Wed Oct 19, 2016 9:23 pm

thepoetsedge


Reclusion Perpetua
You may need more than just a sworn affidavit of your previous supervisor. If your situation will be a full-blown trial, you will need his testimony to affirm the validity and truthfulness of the email thread copy you have which came from the company's VP.

What is the current status right now with your employer? Is your salary still on hold? Did you receive any new memo from your administrators regarding your situation?

You may want to go to the nearest Public Attorney's Office (PAO) for free legal advice while bringing all the pertinent documents relevant to your case. It is best to be prepared for possible litigation since your employer isn't fond of your actions against them.

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10 Re: cons dismissal on Mon Nov 21, 2016 9:03 pm

bestia.nera


Arresto Mayor
already filed a case in nlrc sir but I have doubts about the arbiter,he ask me if im still an active employee and its like telling me that since they didn't fired me I have no grounds to file a constructive dismissal case

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11 Re: cons dismissal on Mon Nov 21, 2016 9:08 pm

lukekyle


Reclusion Perpetua
thats my position din. constructive dismissal is when they make things so bad at work that you are forced to resign bec of the adverse conditions. if you havent resigned yet then you haven't been forced to yet

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12 Re: cons dismissal on Mon Nov 21, 2016 10:51 pm

bestia.nera


Arresto Mayor
the funny thing is even infront of the arbiter they are asking me to resign.

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13 Re: cons dismissal on Mon Nov 21, 2016 11:57 pm

lukekyle


Reclusion Perpetua
in my opinion the only way your case can move forward is to accede to their request. but i think you have to refile after. there is nothing wrong with an employer asking the employee to resign, ang bawal is to force someone to do so.

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14 Re: cons dismissal on Tue Nov 22, 2016 2:37 am

bestia.nera


Arresto Mayor
got it

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15 Re: cons dismissal Today at 12:10 am

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