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Terminated Before Resignation's Effectivity

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1 Terminated Before Resignation's Effectivity on Wed Nov 02, 2011 12:53 pm


Arresto Menor
Hi Atty.,

A supervisor has resigned and in his resignation letter he stated that he will be giving a 30 day notice but wishes to use up his Vacation Leave and Sick Leave credits.

The Company has agreed to let him use his remaining VL credits of 5 days and that he must return to work after the 5th day in order to transition his duties to the replacing supervisor. We also advised him via letter that for him to avail his Sick Leaves, if indeed he is sick, he must submit a valid medical document and must apply properly for the leave by going through the Company's standard process.

On the day the he was expected to return to work, he has not showed up at all, nor did we receive his SL application form and medical document. Out of consideration we gave him 10 more days to produce what were required from him...and then it came. However, the leave form was not filled our properly, and the medical document was unreasonable (Doc advised him to rest for a long period of time due to UTI). Since he was no longer reporting to work, and he has not been answering any of our texts, emails and calls, we decided to send him a Return To Work Order via registered mail. He did not reply to that notice...hence we sent his Termination Notice.

After a month from the time he was sent of the Termination Notice, he wrote the Company and demanded payment of his Sick Leave which we replied, that "Yes, we will convert his SL credits to cash but first he must go to the office and file/process his clearance".

In this regard, Atty., do you see anything illegal in the process we observed?

Thank you.

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i don't see anything wrong. try to contact the doctor to verify the veracity of the med cert

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