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Illegal termination

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1 Illegal termination on Wed Jun 21, 2017 11:16 pm

khershey24


Arresto Menor
Hi All,

Good day, I just have a question hopefully someone could help me. My wife resigned last May 31,2017. The company declined her resignation they said that she has a pending Admin Hearing that she is not aware of. The following day she went to her HR manager to formally submit her resignation. The HR manager accepted her papers. On June 06, 2017 sent her a Notice To Explain for the admin charges which she replied. After that the company asked her to attend the admin hearing which she declined since she is already resigned from the company and don't see any reason why she has to answer to the companies question. On June 21, 2017 she received an email stating that the company is terminating her employment. Is the company allowed to terminate an employee if she is already resigned?

Thank you,

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2 Re: Illegal termination on Thu Jun 22, 2017 6:56 am

council

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Reclusion Perpetua
Clarify - May 31. Was it the day she submitted her resignation letter, or the effectivity date (last day) of her resignation?

"The company declined" - who actually declined the RL?

Did the HR manager "approve" the resignation, or just accepted (receive) the paper?

If she resigned (last day) on May 31, why did she have to reply to the NTE?

Her reply could be construed as an acknowledgment that she was still under the jurisdiction of the company.

Why not attend the admin hearing then?

Answering the NTE but not appearing at the hearing is conflicting.

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3 Re: Illegal termination on Thu Jun 22, 2017 6:48 pm

HrDude


Reclusion Perpetua
I believe the HR Manager is not the proper authority to APPROVE a resignation.

Take note, ACCEPTANCE is not the same as APPROVAL. The HR only accepted receipt of the resignation letter but the same should not be construed as approval.

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4 Re: Illegal termination on Thu Jun 22, 2017 10:16 pm

khershey24


Arresto Menor
Thank you for the answers.

The manager declined the resignation letter last May 31,2017. Said they need to co-ordinate it with HR.
The reason of resignation is company harassment and it should be immediate.
The HR director accepted the resignation letter on June 01,2017 stating on the letter that 30 days notice was not observed. The HR Director confirmed that she is resigned on that day. And doesn't have to report to work or call in.

Her reply on the NTE as per advised by an attorney is to indicate the she already left the company and doesn't have to undergo admin hearing since company doesn't have jurisdiction on her. She received the NTE 6 days after HR Director accepted her resignation.

That is the reason why she did not attend the admin hearing.

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5 Re: Illegal termination on Fri Jun 23, 2017 5:41 am

lukekyle


Reclusion Perpetua
in my opinion, the company cannot terminate her then. but it would have been better if the company did terminate her. now because she did not render 30 days notice, the company could sue her for damages, although you alledge that the company "harassed" her, she would need to prove that. Furthermore not all types of harrassment would allow her to immediately resign.

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6 Re: Illegal termination on Fri Jun 23, 2017 5:51 am

khershey24


Arresto Menor
She had an argument with her supervisor that got escalated to manager level. Ever since she felt that she is not getting the right treatment. That is her grounds why she opted to resign immediately.

She has email thread about the incident. I just don't get a reason why would a company terminate an employee who already re-signed.

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7 Re: Illegal termination on Fri Jun 23, 2017 11:03 am

lukekyle


Reclusion Perpetua
thats not a valid reason. but as i said i feel your best served by having them terminate you, so whether you understand it or not I would just let it go.

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