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Illegal dismissal?

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1 Illegal dismissal? on Sun Jan 07, 2018 11:50 pm

HRD96422


Arresto Menor
Hi. Need your opinion on this. Just want to see what you make of it. If it has anyhing that can be connected to an illegal dismissal case.

First, been in the comp almost 3 yrs. Didnt have issues until mid 2nd yr. Had some warnings on attendance which was sickness related. Then came to the point of being suspended for attendance.but this time it was because i adjusted hours i had to do some work outside office hours and i offset in my normal hours. So meaning i leave early kse nag work na ako before i start my ormal shift. This was fine with my boss to a certain point. Ayaw lang niya ung di sya nasasabihan days before. But what i contested was, i needed to act already instead na hintayin ko pa na sabihan siya. And at times biglaan din naman na kailangan ko na gawin kinabukasan. So my boss finds that na i am taking advantage of him not being around so he wanted to put the foot down and suspended me for allegedly attendance na i actually worked and may proof that i did. Ung reason na di sya nasabihan agad ang issue niya.

Then attendance improved until again a personal issue came along na dealing with a dying family member na nag suffer na naman attendance. I was warned again na ang next level is termination na. So what i did was i opened up to my bosses (yes dalawa sila) about how i felt and feel. Na maybe i am better off doing somethin else for the company, na my health is affected narin, and that i actually have plans of migrating the coming year. Also i mentioned na i was afraid din kse na they will terminate me anytime because of the recent attendance issue na naman. Also there is no documentation on the grounds of suspension. Ung violation na nalagay sa NTE and reason for suspension i beleive was wrong.

Then the talks became more on the things i mentioned. They want me to be sure about what i want and which direction im going. They want me to give them dates on what i mentioned about migrating to a different country. I mentioned to them na i dont have complaints about the job. And that these were plans that i have and ensured them na i will do my part to make the transition smooth. And so i gave them long term plans. Which they found too long for the transition. They wanted something sooner. A meeting took place where the term resignation was mentioned. Result was my i itial 6 month timeline became 3 months and that recruiting for my replacement will start Jan 1. My resignation effective march 30. They had me email it to document that was the agreement.

A week after i sent an email to say that i would like to revoke that agreement as i am not going anywhere and the 3month timeline is just too soon....they did not respond.

Another meeting to discuss my last email was set. For them to let me know that they are declining my proposed revoking of the transition or resignation and they would just keep the 3mo agreement. And they need me around to look for my replacement. When i said that i actually did not plan to resign. And the reason i sent the emIal to revoke was to save time and effort since it was not formal yet anyway. I havent submitted any letter stating i am leaving for one.

They insist that preparations are made, exec team were informed, etc. And they were surprised that i was caught off guard with their decision. I told them that i wished i just kept silent that maybe this confusion may have not happened.

So now it appears that they may had plans to terminate me before i said anything, and when i told them of my plans, they went with it because they somehow really need me around to find my replacement. So ang ending they will talk about it again. And another meeting is set this week. I feel na if they insist, ill be in voluntarily be resigning if ever. If i do it their way.

So question here is, given the scenario, is this somehow connected to an illegal dismissal case on the grounds that i am being managed out and somehow being suggested to resign because of things i said.

Sorry kung mahaba ung story. Really appreciate your legal opinions on this. Thanks.

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2 Re: Illegal dismissal? on Mon Jan 08, 2018 6:54 am

mikos23

avatar
Reclusion Perpetua
IMO there is no illegal dismissal on your scenario

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3 Re: Illegal dismissal? on Wed Jan 10, 2018 6:14 pm

attyLLL


moderator
"They had me email it to document that was the agreement."

This can be considered the resignation letter if depending on what it says. Once accepted by the employer, it can no longer be revoked


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4 Re: Illegal dismissal? on Sun Jan 14, 2018 4:16 am

HRD96422


Arresto Menor
Appreciate the input. Thanks.

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5 Re: Illegal dismissal? on Tue Jan 23, 2018 9:22 pm

HRD96422


Arresto Menor
Update:

After having a talk with the bosses to tell them that I didn't intend to resign but rather was simply pressured by them to come up with dates to transition my tasks, the bosses decided to "decline" the initial "resignation" notice that I "supposedly" sent. But they wanted reiterated that the whole thing was a hassle for them. And that they would like to see my attendance improve if I want to stay. So they issued me a new warning with a new violation which is an L3 violation which is for termination.

The new violation is Level 3 on our policy: Impact on the business and the company. Description of that is causes delay in operations, mars productivity, incurs loss in opportunities, compromises team effectiveness.

And they are tying this to my previous citation on attendance. Apparently on their research they noted that since August 2017 to present, I have had 10 occurrences of absenteeism which includes advising sick days, emergency situation at home, and those time i had to work during out of office hours and offsetting it from my normal hours. It is tagged as excessive.

Bottom line, on this new violation, their condition is to get approval prior to working out of office hours and i cant have any more unscheduled absences in the next 90 days. Or your employment will be terminated.

What I am afraid of here is that in the event i get a flat tire on the way to work, there is a chance that i am violating this agreement and i get terminated. Or there is an emergency at home, and I go undertime or half day or not come to work, it will be treated as a violation of this agreement and still get terminated.

I did give them those scenarios. Not that I am expecting it. But it just so happens and that I am the only man in the house with a wife and small kids. Their reply was, "then I shouldn't have done all those unscheduled absences from Aug to present then we wouldn't have been in this situation"

I don't know what to make of this. I just know I am being pushed out. Now I am hesitating to sign that NTE. Doing so might mean I agree to it. What do you think?

Again appreciate any thoughts, opinion, feedback you may share on this. If I have or don't have a case in here.

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6 Re: Illegal dismissal? on Tue Jan 23, 2018 9:52 pm

attyLLL


moderator
if you ask me it's a good deal because to me they don't have to take you back.

there are employees who have never been late or missed work for decades of employment. surely you can do 90 days. and if not, you'd better have valid and documented reason


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7 Re: Illegal dismissal? on Wed Jan 24, 2018 8:50 pm

HRD96422


Arresto Menor
Again thank you for replying.

I am just worried that in the next 90 days even if valid and well documented, they'd still consider it as a violation of their condition. I just hate and worried about the thought that in case there is, in my opinion a valid reason to be out, I would have to worry about my employment status aside from whatever valid reason that is (ex. kid got hospitalized, or any emergency case). They can come back to me and say that is a violation and as stated it is grounds for termination.

Oh well, if you think there is nothing that stands out in this scenario of mine that somewhat concerns labor issues then I will go with your opinion. To me, it just feels like there is something wrong with this. The situations they are tagging me with attendance issues were (again in my opinion) valid and documented (sickness, emergencies like needing to call 911 because person looking after kids had to rushed to hospital and i need to be home to stay with the kids (minors), death in the family) the others were all work related that I needed to do for the company. It is just weird to me.

Just too bad that I feel that I am so screwed in this setup. To think, part of my job is to promote how great the company is, how management values their employees, etc. Wow the irony.

But thank you attyLLL and mikkos for your legal opinion. Appreciate it. Sorry to make my posts so lengthy. Again appreciate the help. Stay true to that. Keep helping people in this forum. It may very well be life changing. Thanks again.

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8 Re: Illegal dismissal? on Thu Jan 25, 2018 10:05 am

lukekyle


Reclusion Perpetua
Just for info, in my opinion the incidents you cited while understandable are not totally justifiable. Sickness is valid. Taking a sick child is also valid. Looking after the sick child in the hospital after the first day is not. yung mga nanny issues are not valid. Mind you some HR/supervisors are lenient and would be understanding, if they allow you then walang issue but they are well within their rights to your attention since these things seem to be recurring

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9 Re: Illegal dismissal? on Fri Jan 26, 2018 6:11 am

attyLLL


moderator
as a precaution, submit a letter outlining the times you were absent and why. if you are later terminated and you file a case against them, you have some evidence to counter their allegation you have been grossly and habitually negligent in attendance.


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