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Incorrect tagging of resignation reason

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1 Incorrect tagging of resignation reason on Thu Aug 11, 2011 7:01 pm

Chaotic


Arresto Menor
Good day. 

I would like apologize in advance if my situation is long but I am hoping to recieve any advice on this matter.

I was terminated last Feb 1 and was tagged with Abandonment of Duties when I decided to go on a Leave of Absence that wasnt approved. 

It's so unfair for them not to approve it when I was diagnosed with high risk pregnancy. I even submitted all medical certificates & even the laboratory results to justify my condition. And the only reason they provided is due to no leave allocations for the company.

After my delivery last June, I went back to the company to explain my situation and hoping that I can tender a resignation instead. The HR representative just scheduled me for an exit interview without asking for a resignation letter but stated in the exit clearance form that resignation is due to medical condition.

When I requested for a COE, they stated that I was overpaid and I need to pay them before they can release my COE. Since this was true, I paid the amount and got my COE but it stated there that i was terminated due to Abandonment of Duties.

I return to request for a correction. The HR Manager said that it cant be change coz that's the reason they originally concluded. I showed him my copy of my exit clearance form stating that my resignation reason was due to medical condition. He just took the form and scribbled on the reason stated and changed it to Abandonment.

He said that it's my fault coz i didnt reply to the return to work notice & invitation to a hearing they sent out. I told him that I didnt recieve any of those letters and he just answered "not my fault. Blame the courrier".

I said that I already justified my case during the exit interview and it was even acknowledged. So he called the HR who interviewed me but she said that she cannot remember the exit interview.

My concern now is that i'm trying to look for a job. But no one would accept me because of an incorrect tagging of my COE. I keep on going back and fort for them to honor my request since I paid the outstanding amount. I didnt even recieve my prorated 13th month pay.

I am so frustrated with that company. Coz due to them I am having financial problems coz of unemployment. 

I dont even know if what they did to me was legal. If not, please advice me on what actions I can take.

Thank You.

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2 Re: Incorrect tagging of resignation reason on Fri Aug 12, 2011 9:18 pm

attyLLL


moderator
did you actually file a resignation letter?

did you change address? and that is why the rtwo did not reach you?

i suggest you file an illegal dismissal case at nlrc if only to settle them to change your coe


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3 Re: Incorrect tagging of resignation reason on Sat Aug 13, 2011 2:22 pm

Chaotic


Arresto Menor
Hi Atty,

They didnt ask me to submit a resignation letter. They just let me proceed to the exit clearance. I didnt want to resign at first. I just want to go on leave of absence until my doctor gives me a fit to work notice. But when I found out that they already terminated me, that's when I inquired if I can submit a resignation lettet instead.

I didn't change address. I lived in the same address for more than 25 years.

Just an update. I still continue to approach them for the correction. I was able to talk to another HR Manager and was told that if I can prove that I didn't recieve the letter. They'll change it.

I found out who their corrier was but i'm having challenges in getting the evidence since they wont give me the tracking # of the letter. I called LBC for assistance but they said as per their policy, they can only provide information if I have the tracking #.

I can understand why LBC cant provide the info but what I dont get is, why is my ex-company deliberately making it hard for me to get what I ask for? They should be able to give me the tracking # since they were the ones who sent it.

It's as if they are trying to discourage me by letting me do all these useless tasks. Are there any laws against deleberate inconvenience?

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4 Re: Incorrect tagging of resignation reason on Sun Aug 14, 2011 8:33 pm

attyLLL


moderator
they won't even give you the tracking number? if your talks with then go nowhere, your remedy is to file an illegal dismissal case at nlrc


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5 Re: Incorrect tagging of resignation reason on Mon Aug 15, 2011 7:25 pm

Chaotic


Arresto Menor
Thanks Atty. I will definitely do that.

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