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Just Cause Termination?

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1 Just Cause Termination? on Fri Jul 21, 2017 1:22 pm

Questioner


Arresto Menor
Hi,

I just need advise about my current situation and I'd like to tell you about a brief overview of what transpired before I ask my questions, so please bear with me.

I was hired as a supervisor in a specific department before being promoted as a manager and since the department (DepA) doesn't have much projects as expected I was then assigned a new role in another department (DepB) but not relinquishing both the position and the responsibilities of (DepA). Now, I've been working with the company for about 1 year and 9 mos before the news of me being told to resign happened (This was by my boss) and I think we have an understanding what it means to be "told to resign" (Constructive Termination). I was shocked when I heard it and I was given a few reasons. First, (DepA) will close and since I was hired for that post and under (DepA) basically it means am no longer needed. Secondly, I was told by my boss that I have violated policies that I was not aware of cause I was never been given a "Notice to Explain" about the violation commited nor was given a chance to rebut or explain my side. There is also the failure to meet the tasks under (DepB) which I didn't receive any feedback from my boss up until we as a department (DepB) screwed up. Lastly, just plain and simple, that I may not be a fit on the direction the company is taking. So far, I haven't submitted the resignation letter yet since I want to know which way to go before I move forward.

Here are my questions,

1. Should I accept my boss' decision and resign?
2. If not, what would be the best way to go about it?
3. Is this an illegal termination if I do resign?

I would really appreciate the advise I can get. This is all new to me and maybe am still going through my emotions. Thanks all.

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2 Re: Just Cause Termination? on Fri Jul 21, 2017 2:06 pm

lukekyle


Reclusion Perpetua
do not resign. have them terminate you. at least there you can refute whatever findings they file against you. if you resign you will not be afforded that right

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3 Re: Just Cause Termination? on Fri Jul 21, 2017 2:37 pm

Questioner


Arresto Menor
Thank you. I did think about that. My concern now is I know that my company is prepared in case I don't resign and I know that they will have something to prove that their decision is right and final. If they do so, will that be enough to validate their actions in making me resign without due process?

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4 Re: Just Cause Termination? on Fri Jul 21, 2017 7:02 pm

Capt Ragnar

avatar
Arresto Menor
Yes, do not submit any resignation letter.

As you've stated that you are employed for more than a year that means that you are regular employee of the company.

As for the company filing a case against you, you can educate yourself through this link regarding authorized cause and just cause of the labor code here in our country: https://www.dole.gov.ph/labor_codes/view/7

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