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Resigned employee then terminated

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1 Resigned employee then terminated on Fri Aug 04, 2017 5:28 pm

allen0318


Arresto Menor
Hi Po Atty. Good afternoon. I have a concern on my previous employer.
I resigned immediately in the company last May 31 2017 due to serious insult and I quote the article 285 on my resignation and as of June 1 2017 I'm not already reporting in the office. On June 22 2017 I recieved an NTE and as of June 28 2017 I recieved an Termination letter.

I filed a case on the NLRC on June 22 2017 and claiming my monetary award on the hearing on July 11 2017.

My question is

1, Can the company still terminate an already resigned and no longer reporting employee. I haven't recieved any return to work or awol notices.

2. Can I still file a separate case on the NLRC about this matter.

Upon confirming I'm tagged as terminated rather than resigned on the company records.

Thank you so much for your help.

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2 Re: Resigned employee then terminated on Sat Aug 05, 2017 7:14 am

mikos23


Prision Mayor
It would be helpful if we know the reason for citing article 285. anyway to answer your question #1 yes, specially if the employee did not render the 30 days notice and you will be declared awol, specially if the reason for article 285 that you stated is not valid.


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3 Re: Resigned employee then terminated on Mon Aug 07, 2017 11:44 am

HrDude


Reclusion Perpetua
allen0318 wrote:Hi Po Atty. Good afternoon. I have a concern on my previous employer.
I resigned immediately in the company last May 31 2017 due to serious insult and I quote the article 285 on my resignation and as of June 1 2017 I'm not already reporting in the office. On June 22 2017 I recieved an NTE and as of June 28 2017 I recieved an Termination letter.

I filed a case on the NLRC on June 22 2017 and claiming my monetary award on the hearing on July 11 2017.

My question is

1, Can the company still terminate an already resigned and no longer reporting employee. I haven't recieved any return to work or awol notices.

2. Can I still file a separate case on the NLRC about this matter.

Upon confirming I'm tagged as terminated rather than resigned on the company records.

Thank you so much for your help.

1. By the way, who says you are resigned? you or the employer/company? If an employee submitted a resignation letter, it does not automatically mean that he is considered as 'resigned' on the company's end.

-even if you have not actually received Notices from the Company, as long as they have evidence that the same was duly sent, actual receipt is IMMATERIAL.

2. YES, everyone has the right to file a complaint but all complaints has to have a VALID CAUSE OF ACTION. Not all complaints has that.



Last edited by HrDude on Wed Sep 20, 2017 8:54 pm; edited 1 time in total

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4 Re: Resigned employee then terminated on Wed Sep 20, 2017 2:51 pm

jonix_12


Arresto Menor
tanung lang po, pwede pa po ba magresign ang isang empleyado kahit my memo na sia for termination? salamat Smile

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5 Re: Resigned employee then terminated on Wed Sep 20, 2017 7:39 pm

lukekyle


Reclusion Perpetua
yes pwede parin mag file ng resignation basta hindi pa due date yung termintaion. for what purpose? nakalagay parin naman sa record mo whatever you did to merit the termination

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6 Re: Resigned employee then terminated on Wed Sep 20, 2017 8:55 pm

HrDude


Reclusion Perpetua
jonix_12 wrote:tanung lang po, pwede pa po ba magresign ang isang empleyado kahit my memo na sia for termination? salamat Smile

PWEDE, ang tanong e tatanggapin ba yang resignation na yan dahil sa kaso mo? Depende na yan sa Management.

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