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TOPIC: Constructive dismissal

Constructive dismissal 6 years 2 months ago #4843

Good day. I don't even know where to begin... I am a call center agent. the company that i used to work for is an american company wit a branch here in the Philippines. I worked with them for over a year. Everything was fine until we heard the news that out account was going to close so the management needs to reduce there agents. Some will be transferred to different accounts some were forced to resign like me.

I am a performer they even nominated me for awards a few times but i never won. My bosses were always praising me for my work. then the news came. Suddenly they issued me Corrective action notices for termination 4 of them. I asked my immediate supervisor. what should i do?she told me that i should resign because i could never win a company hearing. I admit that i am lazy at times and i sometimes manipulate the system but almost all of us do.

i Think that my managers just don't like me. The corrective action notices that they gave me were issued a month after discovery after they knew that the account was going to close. based on our code of conduct they should be issued upon discovery and i am required to answer them after hours but on the forms after 5 days so i considered those to be invalid. My Manager even told me to ignore them and just resign. Our Senior managers kept on asking me when am i going to resign. I felt like i was being forced. I was taking in call when one of the senior managers suddenly told me to log out and to go to his station. I did as i was told then he asked me for the corrective action notices even though he told my immediate supervisor that i should just ignore them if im going to resign. I did not return the notices. because my immediate supervisor told me not to and because they are invalid. after a few days the other senior manager talked to me. i told her that i am going to resign im just going to wait for my last pay, because i don't have any money she agreed. the next day she told me that i should already resign because i am still going to get my final pay i did as i was told. On that very day i filled my resignation it was signed by my immediate supervisor she told me not to take in calls and just help her with photo copying stuff and just basically hangout with her.

I agreed i thought that everything was okey. Then the senior managers told my supervisor that i should go out i asked why? they told me because im not taking in calls and that i already resigned i advised them that my manager told me not to take in calls. They did not believe me and i was requested to step outside the floor so i did. bear in mind that i resigned on this same day and only my immediate supervisor has a signature on my resignation letter. i went outside to smoke, i was going to go back inside the building not the floor to get my bag and my stuff from the locker the security guard wouldnt let me in my bag was already outside. i asked the guard how am i suppose to get my stuff from the locker? He told me to get approval first? i have a recording of the conversation i had with the guard because i felt that i was being harassed.

they humiliated me in front of other people. I also have a recording of the conversation i had with my immediate supervisor she admits to everything. i feel that my rights were violated i was humiliated and i was forced to resign because the account is closing. they even increased our salary recently from 17,000 to 20,000 monthly not including night differential and incentives. I just cant understand why all of this happened. before they just didn't care as long as the agent is performing after the news they wanted to reduce the headcount as quickly as possible and because of that they violated my rights. i have recordings of some of our conversations and also have documents from the company.
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Constructive dismissal 6 years 2 months ago #4913

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File a case with the Labor Arbiter.
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Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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Constructive dismissal 6 years 2 months ago #5087

Sorry for the late reply. I was busy looking for work these past few days. Before i begin i would like to sincerely thank you for giving me legal advise when others have not. What is a labor arbiter?

Summary:

I was forced to resign. I was manipulated, humiliated and convinced to resign by my superiors. I was a performer everything that I did was ignored until the account was closing. Then out of the blue they issued multiple corrective action forms to force me to resign. They increased my salary and even nominated me for an award. My immediate supervisor was telling me what to do and when and how to resign. I have recorded phone calls and conversations to prove my claim. On the day of my resignation. I was forced to leave the floor and the building not even allowed to return inside to get my bag or my things from the locker (Although it is common practice in my company for employees who have resigned to return to the floor. Applicants are even allowed to enter the lobby. I wasn't allowed to enter the building.). I wasn't planning on returning to the floor only the lobby. I also have a recording of the conversation I had with the guard. A lot of people saw it and all of them agree that it was wrong.

What i have:

- Corrective action forms signed by my immediate supervisor. I never signed them, because my immediate supervisor told me not to submit them. I have a recorded phone call in which she advises me not to submit those. Discovery date and date of issuance are clearly incorrect.
- Nomination award it clearly states that they nominated me for an award based on my performance.
- Contract addendum increase of my basic pay plus additional 2,000 Line of business allowance.
- Recordings. recorded conversations and phone calls of me my immediate supervisor clearly advising me not to submit the corrective action forms and when and how to resign. Conversations of me and my superiors and of the guard not allowing me to enter the building.
- Witnesses a lot of people saw and know what happened.


I would really like to go to court if there is a chance for success, because i really feel that the law was broken. I just need assistance in proving it. I would just like to know the how much the cost is going to be? Is it possible to pay it in installments or at a later date?Is the chance of success HIGH? or LOW? What should be my next step? and is a in-house settlement out of the question? Do we really need to go to court? And how do i file a case with the Labor Arbiter? Thank you very much.
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Constructive dismissal 6 years 1 month ago #5215

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The Labor Arbiter is an agent of the DOLE who has jurisdiction over complaints involving illegal dismissal.

You can go there to file the case. You will be asked to fill out a form. In filling out the form, do not forget to include all your prayers- including the ones for damages. The DOLE is located in Quezon City.

In a case with the Labor Arbiter, you will not go to court, you will just be asked to submit position papers if there was no settlement arrived at. If finally you have filed your case with the Labor Arbiter, you can go to my office and I can help you with the Position Papers.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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