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Terminated due to misconduct

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1 Terminated due to misconduct on Wed Oct 18, 2017 12:29 pm


Arresto Menor
So I was terminated due to misconduct. I tried appealing to have a graceful exit but they rejected it. I accepted my fate and and trying to move on. This was the first ever mistake I made in all of my career.

The thing is I was the only one who got terminated for this, and the rest of the other employees were given a warning and a letter of some sort that they signed specifically not to repeat that thing again. Is it unfair that I was the only one that got terminated for it? Or does the company have the right to do that?

Do they have the right to reject my appeal for graceful exit?
What are my rights in receiving final pay etc?
Can I use the reason of being a first time offender in labor court to remove the termination and allow me to resign?

This is the first time I ask for labor help since I've never broke company policies before. My mistake was only due to curiousity. I didn't cause any financial loss or anything severe.

Thank you.

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2 Re: Terminated due to misconduct on Wed Oct 18, 2017 12:59 pm


Reclusion Perpetua
Regarding the other employees receiving a warning only, this is because of different circumstances. Not all circumstances are the same. it also depends on how well you explain yourself during the disciplinary action process.

Employer have the right to reject your appeal for a graceful exit, specially if the decision have already been made. Graceful exit is usually offered before the DA process.

for your final pay, you have the right to receive the wages for the days worked after your cut-off and before termination, your 13th month pay, tax return if any, and other monetary benefit due you if there is any.

regarding going to labor court to remove the termination record, answer is no.

hope this helps

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3 Re: Terminated due to misconduct on Wed Oct 18, 2017 1:38 pm


Arresto Menor
Thank you sir, one last thing. The HR said that I'm not entitled to receive my unused vacation leave as monetary payback. Am I entitled to that as well or no?

Thank you again for the prompt response.

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4 Re: Terminated due to misconduct on Thu Oct 19, 2017 6:59 am


Reclusion Perpetua
is it a benefit policy to convert unused leave to cash? if so, then you are entitled to it.

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5 Re: Terminated due to misconduct on Thu Oct 19, 2017 1:46 pm


Arresto Menor
There is no such mention in my signed contract under "benefits".

"Benefits: you shall be eligible to participate in benefits plans as adopted by the company from time to time. the terms of these benefits shall be determined by the company or as thereafter amended. Any grants or awards made in accordance with these plans hall be governed by the terms of the applicable plans and the grant or award agreement provided to you at the time of issuance. the company reserves the right to amend, modify or terminate any of its plans or programs at any time in its sole discretion."

If a company does not state anything about encashing VLs or SLs, means it is understood it does not convert leaves to cash, correct?

Also I was suppose to get the first portion of "Employment Referral Program" or ERP but HR kept stalling when I was still employed. Now that I'm terminated, do I still have the right to get the first installment of ERP?

Thank you for your patience. Very much appreciate it.

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6 Re: Terminated due to misconduct on Thu Oct 19, 2017 3:09 pm


Reclusion Perpetua
yes, cannot convert it into cash if it is not practiced. only SIL is convertible to cash. If you were supposed to received something before and it was delayed, you should still receive it along with your final pay

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