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forced resignation and separation pay?

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1forced resignation and separation pay?  Empty forced resignation and separation pay? Sun Jul 18, 2010 6:33 pm

sarahg


Arresto Menor

I submitted a letter of resignation 2 months advance to my employer with the effective resignation date as July 10, 2010. The employer agreed and I submitted to her a progress report of my work due until July 10. However, due to office politics, my employer suddenly called me in on July 02 and made July 04 as my effective resignation date. I argued with her and insisted I could not finish my remaining work but she was firm not to let me work anymore past July 04.

These are my questions:
1. If this is forced resignation by the employer, am I entitled to receive salary or separation pay for the remaining days I should have reported for work until my original resignation date on July 10, 2010?

2. I do not wish to file a case against them as of now. But Am I in any position to send a demand letter to my employer asking for payment?

3. Can I file a money claim to DOLE or NLRC regarding this matter?

attyLLL


moderator

unless you can show that they approved the original date, the employer doesn't have to agree to a 60 day resignation notice period. I do not believe you will be entitled to the extra days which are unworked.

if you can show that they approved the original date, then it will constitute a contract between the parties and your case will have merit.

https://www.facebook.com/BPOEmployeeAdvocate/

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