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IS SHE ENTITLED FOR A SEPARATION FEE OR NOT?

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1 IS SHE ENTITLED FOR A SEPARATION FEE OR NOT? on Thu Apr 07, 2011 12:50 am

shiela1234


Arresto Menor
Before I begin, I would like to point out the people in this letter.

1.) Brother In-Law - My husband's younger brother
2.) Sister In-Law A - My husband's younger sister
3.) Sister In-Law B - My husband's younger sister
4.) Employer - Me

Hello, I need some inputs and advice.
I have this company. My brother in-law is working as our company driver and a sister in-law (in-law A) working in the office starting January 2010. She convinced her sister ( in-law B ) to work with us. March 2010 in-law B just reported to the office with out any application nor submit resume. In-law B was accepted without thinking for one reason because she is a sister of my husband. first week of June 2010, in-law A did not report to office at no reason and texted in-law B that she will resign, but did not submit resignation letter.

Middle of June, employer had a meeting with all the staff, in-law B showed serious misconduct that insulted her employer in front of other employees. It was real unacceptable behavior. Employer then talked to in-law B to better leave the company at soonest possible time if she is not happy working with us. But then she cried and cried and ask sorry. Another chance was granted.

January 2011, Brother in-law left at the office 12noon and never came back, just like that as if nothing happen. Employer asked for an explanation letter so he could come back to work but still nothing. Weeks, months never showed up. Until employer consider him out of the company without resignation letter again.

From then on In-law B character and behavior at work is getting unusual to the point that it is not acceptable. Or shall I say " Serious misconduct; Willful disobedience of employer’s lawful orders connected with work ". Employer adviced her to resign. At first she acted so bad. Employer wanted to give her 2 months notice so she can find another job but she started deleting files on her working computer. Employer then ask her to tender her resignation right away on the same day, but in-law B said she will not tender resignation. Employer ask to return the mobile phones and others that is owned by the company but she refused to return.

2 days after, in-law B texted that employer should give 2 months separation fee to her and went back to the office, submitted her resignation letter and other company belongings.


IS SHE ENTITLED FOR A SEPARATION FEE OR NOT?

To add also, we do not have an employment contract as we are a small company with less than 5 employees. We only have verbal agreement.


Please help.

Your ideas will be very much appreciated. Thank you.

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attyLLL


moderator
ask her to notarize her resignation letter so there is proof it was voluntary. but if she validly resigns, she is not entitled to separation pay. if she resigns because she is led to believe that she will receive separation pay then she may be able to question it.


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shiela1234


Arresto Menor
Thank you very much for your reply to my post.
It is very much appreciated and helps in many ways.

God Bless You..

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