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I need your advice...

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1 I need your advice... on Wed May 11, 2011 10:44 am

raj386


Arresto Menor
Hi! I hope you can provide me some legal advice regarding my case.

I used to work as a supervisor in a call center (A)for almost 3 years. Unfortunately I got sick and was advised by my doctor to rest for a month. Though I still report to work when I feel better, our company nurse/doctor kept on sending me home.

After 1 month I returned to work with a fit work from my cardiologist. During that time I also filed my resignation. It was signed and accepted by my immediate manager even though I only rendered 2 weeks notice.

6 months had passed and I received a call from my previous employer (A) that I will have an interview for the same position which I gladly accepted. I went to the HR department and informed them that I have a scheduled interview. However to my surprise, the HR supervisor apologized and informed me that they're not accepting external applicants.

On the same month, I applied for the same position with the same company (A)but on a different location and I was already scheduled for final interview but I was not able to attend it because I was already hired with a different company (B).

After working 4 months, I was benched because the account closed and unlucky got separated with the company (B).

During that time, I saw an opening with my previous employer (A) through jobstreet and applied. I got a call and was scheduled for an interview.
I went to HR and was advised that I was not eligible for rehire because I went on AWOL... when I submitted my resignation and processed my clearance and all.

Because of this, I contacted my manager and verified my status. He informed me that it should be eligible for rehire and should not be tagged as AWOL.

Please, I need your legal advice... I have done so many good things with the company and tendered my resignation..I don't deserved to be tagged as AWOL. Your advice will be very much appreciated.

Thank you!



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2 Re: I need your advice... on Wed May 11, 2011 11:13 am

attyLLL


moderator
inquire with HR regarding why you were tagged as awol, then ask the manager to talk to HR.


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3 Re: I need your advice... on Fri May 20, 2011 9:57 am

raj386a


Arresto Menor
Thank you for the response.. Sorry I have to re-register because my email got deactivated..

I already seek the advice of my manager with the help of my husband who still works with the same company. He informed me that as per my manager, I should not be AWOL and that I should be eligible for re-hire.. He also mentioned the contributions that I made for the company. But he also informed us that he was not the one who processed my Employee Status Record when I resigned.

Since, the inquiry of my husband was through email. We were surprised that the Senior Manager replied and mentioned that I had health issues before I resigned and that she cannot understand why my husband needs to bring this matter when I am no longer part of the company.

I really am worried now because I included the company in my resume since I gained good experience from my post there and I will not be hired in the same position if I will not indicate that I spent 3 years there.

Your response will be highly appreciated. Thanks..

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4 Re: I need your advice... on Fri May 20, 2011 9:04 pm

attyLLL


moderator
you don't have a right to be re-hired, but if you apply to another company and they are asked and say that you went awol, you would have a cause of action against them.

i suggest you stick to a strategy of persuasion to at least get rid of this 'awol' status. i think it will still be fair if you or your husband elevate this matter to HR.

so what's this SM take on this? is he confusing you with someone else? even if you had health problems, then it's still not right.


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5 Re: I need your advice... on Sat May 21, 2011 10:21 am

raj386a


Arresto Menor
We already verified my status with HR but they referred us to the managers and the Senior Manager intervened. She was really like that. I have co-employees before that were forced to resign and if they won't they'll be terminated.

I have no plans to be re-hired by the company, I just want to clear my status and I want to do whatever it takes to take care of my reputation.

My manager even told me that this is a labor case, but I really don't know what needs to be done. My husband has given up and he was just hoping for the best.

I am currently unemployed and I am waiting for my final interview with a different company. I just hope and pray that I will make it through...

Thanks for the advise and I really appreciate it. Have nice day!!!

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6 Re: I need your advice... on Sat May 21, 2011 1:21 pm

attyLLL


moderator
you can file a case for mediation at nlrc. that will surely get them to treat this seriously, but it may affect your husband's career.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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7 Re: I need your advice... on Sat May 21, 2011 2:32 pm

raj386a


Arresto Menor
thank you for the advise.. we are considering on filing a case. I will consult my husband about this matter.

Thank you and God bless!

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8 Re: I need your advice... Today at 12:37 am

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