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dismissal vs. resignation

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1 dismissal vs. resignation on Wed Nov 30, 2011 8:08 pm

cholo


Arresto Menor
i am working as a callcenter agent for 4 years and 7 months in a well known bpo. Nov.21 my team leader issued me a preventive suspension (max 30 days)due to alleged disconnecting of calls. i had my admin hearing yesterday (Nov.29) they did not allow one of my colleagues to be my witness due to they cant pull out the agent prohibited by the work force team. during the hearing they allow me to explain why calls are being disconnected and they also shown trace reports and recordings that i am releasing the call. i plead not guilty of the accusation and state the reason why i dont release calls. i also stated all possible reason why calls are suddenly being disconnected (hard phone issues, system downtime.. etc.) at the end off the conversation they mentioned that i did not answer why i am releasing calls, but then again i told them that i do not. that i dont know why it is showing on the trace report that i am releasing call even though i did not.

the hr officer ask me if what would i like to happen:
knowing that they dont believe in me i told them that if they think i am no longer contributing to the success of the company at least give me a chance to have a graceful exit. they mention that my resignation is still for approval and i should wait. the hr officer even told me to create resignation letter while they are deliberating. i told them that i'll just wait for the result of the hearing.

and also they did not allow me to get my salary for nov.29 payout they placed it on hold.

based on my case:
1. what if instead of allowing me to resign they terminate me is there any labor case that i could file?
2. Should i wait for their decision before i file a labor case?



your response will be greatly appreciated.

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2 Re: dismissal vs. resignation on Fri Dec 02, 2011 7:43 pm

attyLLL


moderator
i am handling a very similar case now at nlrc.

you should wait for them to terminate you and then file a case of illegal dismissal.


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3 Re: dismissal vs. resignation on Sat Dec 03, 2011 2:22 pm

cholo


Arresto Menor
thanks you so much atty

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4 Re: dismissal vs. resignation on Tue Dec 06, 2011 6:28 pm

cholo


Arresto Menor
atty i just received the result of the hearing and they decided to terminate me.n No

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5 Re: dismissal vs. resignation on Wed Dec 07, 2011 10:37 pm

attyLLL


moderator
answered your email


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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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6 Re: dismissal vs. resignation on Wed Dec 07, 2011 11:55 pm

isabele


Arresto Menor
Atty, are in anywhere in Cebu? Manila?

Is there a way to reach you?

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7 Re: dismissal vs. resignation on Sat Dec 10, 2011 1:46 pm

attyLLL


moderator
i am from metro manila


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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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