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Redundancy turned termination

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1 Redundancy turned termination on Wed Nov 02, 2011 3:48 am


Arresto Menor
Good Morning,

I am an employee at a BPO company and in regular status I wanted to seek legal advice with my current situation.

I was told that my position is already redundant and was presented a paper where I did not agreed to sign due to it does not indicate that I will be recieving any separation pay. I verbally told that to HR. I was nota able to get hold of that paper. The following day I was presented with a termination paper, Stating a grounds for termination due to previous memos I recieved. Again I did not sign t he papers and get my copy.. Minutes later HR came asking for a copy, Ihesitated o provide her a copy mentioning that I can have it back ones I am willing o sign it.I gave it back to her.. After that I have arranged a meeting with the head of the company to discuss my issues. I discusse my claim of getting the separation pay because the previous letter stated redundancy.. He discussed that he will not give me separation pay but instead he will terminate me instead.. Then after discussing he suggested that Its either I resign or he will resort to giving me the termination pay.. It seems that the first letter given to me which id for redudancy never existed.

I am in a dillema of choosing to be terminated a file a labor case or accepting the offer of what looks like a graceful exit.

Fyi's- I am still employed in the company
The boss is waiting for my answer whether to resign or accept termination
I do not have copies of both paper presented
All i have are skpe conversation docmented and conversation recordings (for my personal docmentation purposes)

If i wll file a caseat Nlrc what would be my claims and chances of winning the case...

It appears to me that hey are giving me termination because I am demanding for searation pay due to redundancy... And they are not willing to pay it..

I am willing to file a case but am not sure on what grounds since i am not terminated yet.. Seems that they are trapping me...

I was told that if i want o push t his case then i sold not resign and let them terminate me for what ever grounds they wish..

Fyi.. The termination paper which was initially shared with me states that they are terminating my employment due to non performance and states there the memos I got in the past 8 months.. No NTE what so ever...

i feared that since i do not have a copy and did not signed that yet... If i do not agree wih the option of gracefl exit they will find ways to terminate my employment which will show a bad record in my 201 file.

Thank for your support and hoping to hear from you..


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2 Re: Redundancy turned termination on Wed Nov 02, 2011 11:47 pm


whether termination is warranted, you are entitled to due process so you should get an NTE. if you can get a copy of those letters, then you'll have a good case. if not, you can wait for them to terminate you.

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