Termination

I just want to seek help or advice po regarding my problem to my company.I was sick for more than 6 days hypertension and difficulty of breathing. Iwas adviced to take rest for 3 days kaso di ko pa rin kayang pumasok nahihilo pa rin ako kaya naexyend pa yung absences ko. I was adviced by my coach to provide fit to work. Nung pumaxok po ako nagulat ako i was tagged NCNS(no call Noshow for 5 days and my OM talked to me that he will be terminating me. Confused po ako kasi may documents ako at nag advice namn ako sa Coach ko thru text kc di nya sinasagot mga cols ng wife ko. He talked to me twice talagang pinagmamatigasan na even we go to the process he will terminate me. I feel harrass at lalong nagtritrigger yung pagtaas ng BP ko po. Binibigyan nya raw ako ng option kaysa materminate ako. Ano pa po bang option kundi magresign. I almost submitted my resignation.
I will have my admin hearing this Friday. What if they terminate me may laban po ba ako if i file it sa labor?Can i file a complain regarding the attitude ng OM towards me?

You have to prove that you did all the proper procedures in advising your supervisor/manager, as they can deny having received any call or txt.

Thank you for your quick response.
I still have all the messages in my cellphone atty. I have a few question.
1. What if you didn't comply with the proper call out procedure because you are sick and when you come back to work you have your medical certificate with will the company still terminate you?
2.Does company don't give consideration on this cases special if it is medical/health reason.
3. What if they will terminate me can i file a case on my company as well as to my OM.
4. I stayed with company for 3 years with no attendance issue, will they not give any evaluation on this.I'm really emotionally stress Atty.Pls. Help me what to do.Godbless

transcribe the text messages and show that it was sent to your supervisor. show the dialled numbers also in your wife's phone,

were you given an NTE and 5 days to submit your explanation. did you submit your written explanation? if nothing else, hint that you will consider filing a case at NLRC if you are terminated.

i have yet to see the Supreme Court uphold this NCNS policy even if actually committed. It cannot stand as abandonment, and I can't believe it should be considered as analogous to any other just cause for termination.

I do apology ATTY. what is NTE?My coach only gave me 24 hours to explain or to answer the memo/corrective action.I already submitted it attaching my medical certificate and fit to work from the doctor.My om read my written explanation and even confronted me that he was disappointed with my answer to the violation.I was confused why he told me that because i only explained everything in a detailed manner.He told me that i was dragging the name of our SOM in the explanation in which he told me that dapat di ko daw dinamay name g senior Operations nmin. I didn't see anything wrong with that because i only stated there we called our SOM when the day i ws rushed to the hospital and texted him last Jan.27 to inform my health condition. No more no less. I am really suffering from mental anguish why they are doing to me since i have serve the company with loyalty and respect.I don't have any records of misbehavior.
Our OM even told me that you can get your own atty if you want just let me know so that we can also prepare one. I'm laying my cards to you you still have your option.
He keep on saying to me that i still have my option. That's why my coach advising to better have a graceful exit and even told us that Si amo nasa kanya ang Final decisyun.
What will be role of our HR manager here in case we have our admin hearing i'm a little bit scared atty kc para sinabi na ng OM namin formality na lang ang admin hearing kasi dedecisyunan na nya na terminate ako. Nakiusap na po ako pero nagmamatigas cya. I'm a father of 5 kids Atty.kaya nag aalala ako.Di ko namn po ginustong magkasakit.
If they terminate me anung case po pwede kong ifile.

Atty.sana po malinawan po itong issue na ito para magkaroon ako ng peace of mind.Pwede po ba akong magfile ng dispute dun sa mga araw na NCNS ako? Anu po ang chance ko if i file a case against my company and to my OM if they will terminate me?

NTE is Notice to Explain

what does your manual say about how you will inform them when you are sick?

I recommend you just attend the hearing and show your evidence that you complied or at least sent the text messages and your wife tried to call.

unless you can afford to get an attorney now, there is not much left you can do at this point.

I do not recommend you resign. that is the easy way out for the company, but you will get your last pay and clearance. if you file a case, then it's unlikely you will get those quickly.

let us know what happens. contact me at attylllaw@gmail.com if you need more information.

In reference po sa issue ko regarding sa Termination. The admin hearing was not materialize kinausap lang nila ako at they'll just suspend me daw for 10 days which is di ko po matanggap kasi di ko namn ginustong magkasakit.May medical records akong sinubmit.ang malala pa wala pa akong pinipirmahan na memo for suspension may nakaplot na sa akin na suspension. Righteous po ba ito.At they even deducted my salary for 4 days.help me.