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terminated due to tardiness

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1 terminated due to tardiness on Sat Oct 08, 2011 3:48 am

jenram


Arresto Menor
hi atty,
i'm a call center supervisor and has been in the company for more than 3 years, pioneer na nga po kami. last year around july i was given my first citation for tardiness, i answered it and didn't get any disciplinary action for that. again since i was tardy again, i got another citation for tardiness and this time thy gave me 3 days suspension agad, without any written or final warning DA. i questioned it, but since i dont want to complicate it anymore, i accepted teh suspension. then last May of this year. i got another citation again, citing all my tardiness from January-April2011 so lumabas po ang dami kasi back dated eh, i was suspended for 5 days naman. i also questioned it again kasi we have policy in our handbook taht for tardiness we have 3 months refreshed and also di ka pede mag back date ng mga infraction. thers also provision na pag di na issuehan ng citation un infraction within 48hrs, it will be considered condoned and the immediate superior will get negligence citation. un HR officer namin is new,and not really an HR practioner, he's a pol sci grad, so i felt i was a guinea pig that time, bec tahts the only time na inaaral nya ang policy namin na masyado rin general. now, last August 22, i was given another citation for my 3 instance of tardiness, for just 6, 5, and 4 minutes late. i got hospitalized and on SL from Sept 21- sept 30, on my first day last sept 30 from my Sl, after my shift they spoke to me and they terminate me for the pending citation they gave me for tardiness. Sir, i want to ask lang po if pag nag complain ako sa NLRc or Dole, if may laban ako? i'm a single mom also, and i felt na may deviation sa process and the policy we have was not implement properly.

also atty. nag clearance na ako yesterday and im about to receive my back pay on Nov 4, di ba usually magpapapirma ng quit claim un company? pag ba nag sign ako sa quit claim di na ako makakapag file ng case sa nlrc? i'm planning po sana na mag file ng case if may laban po ako.

and how long po bago ma notify un company, pag nag file ako ng case sa nlrc?

can i still file case after i get my back pay or lets say after amonth ako ma terminate? kasi po, i'm still weighing things talaga, pinag iisipan ko po talaga ng matindi to, i want justice din po kasi sa nangyari sa akin.

add info, on the DA taht they let me sign i put in" im contesting this DA, i will consult DOLE or NLRC if this DA was just and fair". kasi ayaw ko po sana i sign un DA, but they said na receiving copy lang un, and they cannot give me my request na mga copy of my citations and DA pag di ko ni sign un DA ko.

then after that, they gave me option to resign instead, tumanggi ako, i said ayaw kong lokohin un sarili ko na magreresign ako but inreality ur terminating me talaga. i did that bec at the back of my mind, i really want to consult first if i have a case. The hr officer made me a resignation letter pa talga na isa sign ko na lang. I didnt sign it.

atty, may strong po ba ako?



Last edited by jenram on Sat Oct 08, 2011 5:39 am; edited 1 time in total (Reason for editing : additional info)

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2 Re: terminated due to tardiness on Sun Oct 09, 2011 3:40 pm

attyLLL


moderator
in my labor cases against bpo companies, i have always advocated that the attendance policies are far too harsh.

if they force you to sign a quitclaim, place a notation "without prejudice to filing a case at nlrc". if they won't allow it, you should now that the quit claim can be used against you.


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3 Re: terminated due to tardiness on Tue Oct 11, 2011 1:50 am

jenram


Arresto Menor
noted atty. pero do u think po, i have a case here? pede ko po ba ilaban, my company had history of illegal dismissal case, nag settlement na lang dun sa mga nag file ng case sa kanila. its a 4 year old company lang po sabi takot daw sa kaso. ako naman i just want justice for what they did. tinanggalan kasi nila ako ng kabuhayan and im a solo parent. kaya po if may laban po ako, ilalaban ko po ito sana.
thank u po

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4 Re: terminated due to tardiness on Tue Oct 11, 2011 8:20 pm

attyLLL


moderator
you have the right to question your termination, and it will be the burden of the company to prove the validity of the termination. whether you will win depends on what evidence is provided.

you can contact me at attylllaw @ gmail. com if you need more info.


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[i] Visit our FB Page: BPO Employee Legal Advice
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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5 Re: terminated due to tardiness on Wed Oct 12, 2011 8:31 am

jenram


Arresto Menor
ok thank you attorney i will contact u po. more power!

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