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supervisor wanted immediate resignation...need your help!

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malena


Arresto Menor
Hi this is Malena, i've been thinking of filing a labor case against my supervisor i work in a bpo company i've been employed for 5 months what and had plans of resigning prior to submitting my resignation letter i called our HR dept and inquired if i were to submit my resignation letter which was on the 23rd of dec. 2011 and the effective date will be on the 2nd of jan. 2012 will i still be entitled to receive my salary for the 30th of Dec. 2011 the HR representative clearly stated that i will still receive my salary for dec. 30, 2011 since final pay will be based on the effective date of resignation. So i made my resignation letter and submitted it to my supervisor that evening upon submission my supervisor asked me why is it on the 2nd why not immediate i said that i am looking forward to get my salary for the 30th of december. i told her that i am looking forward to receive my salary for dec. 30 my sup said that i will not receive it since it will be on hold coz after i submit the letter she will send an email to the HR dept i said that i verified with HR and the info that i know is different she then called hr to verify and said that it will be on hold still i stood firm of what i know so my sup and i went to the HR dept and verified the person i spoke with apologized that she misinformed me and said that my salary will be held real time. my supervisor said it doesnt make any difference i still wont get my salary for the 30th i felt that i was in a situation with no options but to render immediate resignation so i said that ill just do immediate resignation so the OM noted my resignation letter but he adv my supervisor that i need to submit a new one since it is not for immediate resignation, my supervisor asked me when can is submit my immediate resignation letter i told her on monday the 26th of dec. since there is no open internet shop near our office, she me to make my resignation letter using her computer so i made one stating that i will be changing my resignation to immediate due to wrong info was provided for payout for the same reason personal matters she signed it and made me sign an acceptance letter which i signed but still incomplete since the senior om is not available to sign and was adv to comeback on the 26th of december to process my clearance and exit interview. i was willing to render the days stated in my resignation letter and i felt that i was forced to submit an immediate resignation instead of rendering, ive been doing some thinking of filing a labor case since i cant rely on our HR personnel since they are the root of this problem for providing wrong info. i would like to know if i were to file a case will i have a chance, your opinion will be very much appreciated since this will guide me in making the right decision.

Merry Christmas to all!

Malena

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attyLLL


moderator
what would you hope to achieve by filing the case? monetary damages? how much?


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malena


Arresto Menor
thank you for replying atty, do you think i stand a chance if i will file a case? and what should i expect if i file one? what i honestly want to happen is for them to pay whatever is due me if ill be entitled to monetary damages which i dont know how much,my vl,sl, itr etc. and if possible my coe. i am so confused from all the info that ive been reading hope you can enlighten me to make the right move. thank you. Neutral

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malena


Arresto Menor
Hi atty. i just want to ask in my case i submitted my first resignation letter voluntarily but she didnt want me to render until my effective date so she deceived me by informing me that my salary will be on hold regardless if i render until the effective date of my resignation,so i executed an immediate resignation that same night. if my immediate resignation was executed through deception will i have a case against my TL? and also there is also a typographical error in my immediate resignation instead of 12/23/2011 it's 1/23/2011 will this still make my immediate resignation valid? what evidences can i provide to prove that i was deceived to render an immediate resignation? is my case still constructive dismissal? your advice will mean a lot. Happy New Year!

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attyLLL


moderator
let me answer you this way, if you filed an illegal dismissal case and i was counsel for the employer, i would show your two resignation letters to prove that you really had the intention to resign, and all you were entitled to was your last pay. the company was within its rights to hold it until you had finished your clearance.

however to appease you and hopefully get a quick settlement, i would ask the company to immediately release your last pay.


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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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