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After the acceptance of an irrevocable resignation, company then gives memo for hold resignation and preventive suspension.

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largebelly


Arresto Menor
this is for my partner who after several times had his resignation denied finally filed an irrevocable resignation which was received by the area boss. there is a photocopy of this letter with the signature with my partner however about 2 weeks, the center manager asked my partner for a meeting to discuss the resignation. during the meeting, there were several items discussed which the boss asked for some clarification to be made via a memo. suddenly 2 days after, a discipline board memo was sent asking to explain in writing the incidents which were answered and addressed.

2 days before the final day of work (after being forced to extend beyond the 30 day period), the discipline board then issued a memo holding the resignation in abeyance and a preventive suspension.

is this not an unfair labor practice given not only did the board suddenly made all these steps after the resignation was accepted, but given the charge they're investigating was audited already and no findings were even raised, to suddenly question it seems highly irregular.

I was told a preventive suspension is a prequel to a dismissal and this means the loss of the retirement of my partner who has been employed for 25 years. is the company doing this right? hr has already given the resignation kit and processed and got all id cards, no more hmo or bonus given. i need help as my partner is just staring and shocked at all these.

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largebelly


Arresto Menor
the issue therein lies whether the procedure was done right and what protection is there for the employee in this matter since there has been no related or audited reports that would begin to mark that any wrong doing was committed. all the help in this is truly appreciated.

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attyLLL


moderator
has the administrative hearing been held?


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largebelly


Arresto Menor
i know he was asked to appear with the discipline committee to have the memos for the hold of resignation and preventive suspension was given. but no due process has been given and a renewal of the suspension been given orally by the immediate boss.

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attyLLL


moderator
if the suspension exceeds 30 days without pay, then that will be considered constructive dismissal. it may help that he retains a lawyer to assist him


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largebelly


Arresto Menor
noted po. on a rather curious note, no memos were given prior to the resignation and as the resignation was accepted; is the situation a fair act or proper?

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attyLLL


moderator
to my mind it is not necessarily irregular. don't focus on the process, attack what he is being accused of.


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