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Banned from workplace.

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1 Banned from workplace. on Sat Aug 18, 2018 9:53 am

fundylarky


Arresto Menor
My friend who works as a call center agent was caught by the admin of the building putting chewing gum on the buttons of the elevator.

He was consequently banned from ever entering the building. He has petitioned his employer but unfortunately the owner of the building is refusing to reconsider his decision.

Since he can no longer enter the building to go to work my friend is asking his employer for separation pay. Employer claims that they are not severing ties with the employee and are therefore not obligated to pay separation pay. Are they right?

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2 Re: Banned from workplace. on Sat Aug 18, 2018 12:38 pm

arnoldventura


Reclusion Perpetua
Your friend may seek recourse by demanding for payment of damages from the building admin, considering that the consequence of their act of banning her from entering the building caused her to suffer actual damages (by way of unrealized income) and moral damages. Your friend will have a hard time proving he was dismissed (for purposes of claiming for separation pay) because it was not his employer, but the building admin, who is the reason why he cannot report to work. He cannot also sue the building admin for illegal dismissal because there is no employer-employee relationship between them. https://www.alburovillanueva.com/no-employer-employee-relationship-defense-labor-cases As I can see, filing an action for damages is his best shot of getting compensated.

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3 Re: Banned from workplace. on Mon Aug 20, 2018 2:05 am

lukekyle


Reclusion Perpetua
damages against the building admin whos trying to protect their property against someone defacing it?  good luck with that

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