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Constructive Dismissal or not?

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1 Constructive Dismissal or not? on Sat Jun 30, 2018 3:58 am

0412901677k


Arresto Menor
I had been working for the company as a Call Center Representative Voice Acct for more than a year now. That does not include the time when I was a trainee in the company since, the policy says employment will begin when you pass all probations and assessments. But if we will sum up from the day I was working as a trainee, it will be at least 2 years now that I am serving the company.


My problem with them started with my absences dated, March 20-23, 2018 due to recurrent tonsilitis that I have been experiencing intermittently. In fact, April 11, 2017, which by that time, I was a trainee in the company, a doctor from HMI Clinic (Our Healthcare Provider) already recommended me for surgery since it might be worse and affect my heart. June 22, 2017, I was rushed to the hospital (Makati Medical Center) due to the same illness that I cannot eat food and it is really painful. I was hospitalized but I decided to get out after knowing that, my hospitalization wouldnt be fully covered. I was adviced that Philhealth coverage will not be covered and so that I will be the one tto pay for it. Needless to say, I have no choice but to get out since bill is running. I had problems getting out because I dont have enough money to pay for the amount that is for philhealtg that I will cover more or less 5000 in cash for 1 day of confinement. I contacted a our office and account to seek for assistance, I was told theres nothing they can do. So, I contacted couple of friends to solicit and borrow money. I was ablr to collect the amount since I dont want to stay another more day and the bill will be higher. I managed to get out and just had my home medication.


It was already in my mind that I need to consider financial status if I will have my surgery done. I thought of earning first to suffice needed money especially that I will be out for long if when recovering. So, It stayed that way. I continued working, somehow disregarding my condition. If it pains, I drink prescribed meds. I also constantly visit my doctor and explained my hindrances on getting surgery.


Until that March 20, 2018 incident. My shift for March 19th, started March 20, 2018 of 1AM since it is a US acct. I was in the office that time, we work 10hours a day including lunch for 5 days. In the middle of my shift, I felt so dizzy and like I was about to pass out. I informed my TL, and went to the clinic. I was checked, given a med paracetamol i think and was adviced to take rest for 15-20 mins. I sat on the employee egg-like couches not knowing the time. I fell asleep and woke up around 1:30PM. Which, already past my shift which is 11am. I woke up wet, I peed on my pants. I even took pictures of it, and I immediate ran to the elevator and walk out the company premises with wet pants. I was not able to get my things since its on the other floor due to shame that somebody might see me with wet pants.


I got a cab right away and went home. I informed and sent my coach the pictures and explained what happened. I went to the clinic near our house, but i was not confident of the doctors findings since what I felt was different this time. So I went home and asked for a 2nd opinion the next day from another doctor. I was adviced that, it was vertigo since 1st doctor advised it was the tonsilitis which I already know that I had been having.


I informed my coach about it and followed s advice to rest. I sent the medical certificate and went on home rest from march 20-23. I went back to work on the 24th, I also presented the original cert.


I was adviced that those absences werent approved by the manager. Meaning, I will earn an attendance points for each of those absences. I had leave credits that time, and so I have to use it but its not sufficient to cover all and so 1 absence incurred an attendancr infraction that meritTED a NOTICE TO EXPLAIN.



For that 1 absence that was not covered by my leave credits, my coach asked me to sign an acknowledgement of my infraction. The absence dated March 22, 2018, with an infraction of FOCUS ALERT, was served to me dated April 17, 2018 together with the previous absences I had. I was asked to signed like a month after the incident, in bulk. I was surprised that I was already on that situation since the progress of my sanction was not clear. Its like 1st 2nd 3rd and 4th all in one day. Together with those was the NTE letter I received. I was asked to return the NTE paper April 23, 2018 and we'll have a conference with HR due to attendance issues. I was there, I went to the HR and I was advised that the hearing was April 22, 2018. So, I called my coach and asked her why she said its 23rd. She said she'll fix it. So the hearing was rescheduled April 24, I went there and explained.


After the hearing, I visited my Doctor again, I was adviced that all those was because of my illness. That it needed to be removed already or else, I might have problems breathing. I informed my coach and asked for assitance. I wasnt provided assistance. 


I went to my HMI Doctor and she referred me to an ENT SURGEON. Ii was concerned about the bills so I asked help from our company clinic and healthcare provider to look for a surgeon and hospital that is affordable. So we found Manila Adventist Hospital.


I had my check up and presented to the surgeon the recommendation for surgery, the Surgeon Dr. Enriquez, agreed and immediatry issued a schedule for surgery. He dated May 15, 2018, a week after that visit, as admission date(Copy is on hand) and surgery will be determined based on my vital signs while Im confined. Dr enriquez prescribed meds and sent me home and be back on the 15th for admission.


On May 15, 2018, I went back and was ready for admission. I was told that there was no available room intended for our healthcarr coverage. The only available room was just the suite ones. I called outlr company clinic and health care provider. I was told that, if I will be confined and take that available room, I will be the one to pay since its not covered. So I thought of looking for a different hospital. Our company clinjc called othet near hospitals and found theres vacant room in Makati Medical Center. The problem is, I would have to repeat and go there as a walkin patient and start from scratch. 


I was told by my coach that my leave of absence were only approved up until May 14, 2018. I would have to present a cert that I got admitted on the 15th so thay she can ask for an extension. If theres none, then absences will be unapproved. I told her the situation, it seems like its hard for her to believe. She was so hard on me. I sent her a message telling that she can call the hospital to validate. Because theres no certificate issued for not having an available room for admission. Im willing to participate in any validation or investigation. I even asked her why its so hard, I am sick and I need help. She resplied something like" because the company already lost its trust on you". I asked her why and how? What are the basis? Why would the company lost its trust? She did not respond and blocked me on facebook msgr so I can no longer send her message.


The hospital adviced that, I will be put on priority. Once there is available room, they will call me and so I can get admitted.  They will also inform my doctor abt what happened. I decided to go with that plan since I dont want to repeat all these steps and look for another hospital. I also asked help with our company clinic and Concierge to call the hosp from time to time if there is available room.



Then, I received a call May 19, 2018 around 10PM. The call was from our company concierge. Jake, our concierge officer informed me that theres an available just now. So I fixed my things, I asked him to call the hosp that I am on my way so it would be reserved for me. I went to the hospital, I arrived around 1:30am of May 20, 2018. I got admitted.



I had my surgery done the next day May 21, 2018. I stayed in the hospital until May 25, 2018 when I got discharged. I was given a follow up check card and the instructions and prescriptions. I asked for a medical certificate but was advised that abstract and certs will be given on my 1st follow up check since it the thr time when my doctor could check if until when I need to rest or estimated time I will be fit to go back to work. I informed my coach about it. I sent her all docs I have on hand and told her that I dont have the medical cert yet, I was adviced to go back for 1st ff up check June 1, 2018. 


I went to the hosp June 1, 2018. My surgeon was not there. I asked the medical records if I can get any cerifications so I can present to the company. They said, its my surgeon who can release any certification . I was told that Mr. Enriquez will be back June 5 from a trip. So since I was already at the hosp and that, my coach insists of certs, i thought it will again be a question if I will not present. I looked for another ENT doctor on the same hosp just to have myself check. At least to tell him also if whats going on when Im at home. What happened to me. And ask for any cert that would prove my visit on that day. The doctor gave me a medcert excusing me from work until June 5. He dated june 5 because my surgeon will be back by then to give me the exact recommendations.


Im confident of the hospitals process. I sent my coach that cert I had from other doctor. I went back to hosp June 5, and was able to see my surgeon. He also provided me all docs. I received Medcert, Medical abstract and all the test results. 


I got so tired and went home. I fell asleep. When I woke up the next day, I sent her the pictures of all docs I have on hand.


She acknowledged receipt of those docs. Its clear on my Medical Certificate that I can go back to work on the 18th of June if everything is fine.


But before the 18th of June, June 7, 2018, my coach messaged me if I already received the RETURN TO WORK order from HR. On that same day, she added that she already sent a SEPARATION NOTICE. I got confused. I was adviced by my Surgeon to rest until 18th of June and that I am aslso expecting a RTW order and worse, Separation Notice? I followed my Doctors note.


June 15, 2018 when I received a message from our HR Team asking me to process my clearance on or before June 19, 2018. Telling me that I was already separated from the company. I asked why and one of our hr team replied, I was tagged NO CALL NO SHOW for some of the days reported by the account to them. She did not reply when I asked for specifics.


I called and emailed our HR as they instructed me to send an email if I have questions, I got no response. I was so confused. I went to DOLE Makati-Pasay Office last 18th of June. My SSS Sickness benefits were also not given. I was dismissed even with doctors note to rest. I have been constantly notifying them about my situation. No one cared. I havr been asking for any loans I can get, no one care to assist me. I am moneyless for 3 payouts now. I am receiving nothing from them. Even my performance bonus was put on hold.

I did not attempt on going to the office because Im still not feeling good I am also ashamed if someone sees me in my condition and knowing the environment, the issue "COMOANY HAS LOST ITS TRUST ON YOU" has already been spread out to everyone. Not to brag, most of my co-employees know me, for being a Top Earner way back. If not on top, at least on top 3. And I expect that, issues will spread right away. I even heard that some are speculating about my condition, some says I have HIV and many more gossips.

1main reason also that I did not process my clearance on the said due date is that, I cant accept the fact that Ingot dismissed for being sick. Thinking that I got dismissed behind my condition really disappoints me. I felt that I was not given any importance. That I am not a contribution. I felt so humiliated after reading messages on our accoubt group chat when our engagement manager was so concerned about the condition of my co employee who was asking assistance. I was not given the same treatment behind my begging of help and he was given a proactive assistance and assurance of management's assistance.


Our hr also did not give me any updates about the SSS sickness Benefit since 1st week of may absence and I also complied to the SSS Sickness benefit requirement but did not receive even a peso until they said that I am already dismissed, I dont know if I should be expecting an SSS Sickness Benefit or not.

Bec of that, was not able to pay my rent in the apartment and got kickedout today. Im currently staying to a friend. I asked for a week to stay. Its depressing. I dont have a family here in Manila. What I have is my work and my apartment only. I lost both. I have nothing now.

Can someone give me an advice?

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2 Re: Constructive Dismissal or not? on Sat Jun 30, 2018 11:39 pm

HrDude


Reclusion Perpetua
Ang haba. di ko na binasa.

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3 Re: Constructive Dismissal or not? on Sun Jul 01, 2018 6:15 pm

Qwerty0846


Arresto Menor
What if your operations manager told you to file a resignation due to failed deliverables. And i qoute "wag mo na akong pahirapan, mag file ka nalang ng resignation dahil i doubt na maipasa mo yung gagawin kong score card para sayo." and that may lead to your termination. May laban ba ako...

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4 Re: Constructive Dismissal or not? on Mon Jul 02, 2018 6:54 am

mikos23

avatar
Reclusion Perpetua
If you feel that you were unfairly dismissed, just go to DOLE / NLRC and file a complaint for illegal dismissal

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5 Re: Constructive Dismissal or not? on Mon Jul 02, 2018 7:30 pm

attyLLL


moderator
If you had a legitimate medical reason to be absent, then you should not be terminated for abandonment.


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