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Termination of Pregnant Employee

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1Termination of Pregnant Employee Empty Termination of Pregnant Employee Tue Aug 01, 2017 11:08 pm

Christine Ann


Arresto Menor

Hi Atty.
I have this situation where in I was not able to report to work for almost 2 weeks already. I currently have a sensitive condition because of my pregnancy. On July 24, I informed my manager that I will be absent for three days because of my medical condition. I have a medical certificate validating it. However it got extended until today because aside from my pregnancy, I got into a situation that no one will look after my other kids when I go to work. I know that my negligence was, I was not able to inform her about my extended absences this past few days. Because I don't want her to think that I am just making excuses. Now she is telling me that she wants to terminate my contract and process my final pay. Is there anything I can do about it?



Last edited by Christine Ann on Wed Aug 02, 2017 12:21 am; edited 2 times in total

2Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Wed Aug 02, 2017 12:00 am

lukekyle


Reclusion Perpetua

unfortunately looking after the kids is not considered a valid excuse.

3Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Wed Aug 02, 2017 12:18 am

Christine Ann


Arresto Menor

Thank you. I know it is not a valid excuse. The first 3 days of my absences, I was able to inform my manager about it and I have a medical certificate validating my condition. However since it got extended due to unexpected circumstances and was not able to notify my employer, that I know is my negligence. My concern now is, can I get terminated right away without them hearing my side first and without undergoing a proper procedure?

4Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Wed Aug 02, 2017 12:54 am

lukekyle


Reclusion Perpetua

nope, they need to give you a chance to explain. this doesn't mean however that they will accept your explanation. hindi rin ibig sabihin na dahil sinabi na iterminate ka ay terminated ka na ngayon. it could be that they are merely telling you what they plan to do

5Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Wed Aug 02, 2017 4:11 pm

Capt Ragnar

Capt Ragnar
Arresto Mayor

lukekyle wrote:nope, they need to give you a chance to explain. this doesn't mean however that they will accept your explanation.  hindi rin ibig sabihin na dahil sinabi na iterminate ka ay terminated ka na ngayon.  it could be that they are merely telling you what they plan to do

I agree to that very good sir, and you may communicate through your supervisor regarding your extended absences such as text message or get medical certificate since you mentioned your kid has an illness and that is valid proof as well from your "negligence".

6Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Wed Aug 02, 2017 4:46 pm

Christine Ann


Arresto Menor

Thank you. My manager already informed me that I need to go to the office to sign papers for them to process my final pay. So now, I am under the impression that I am already terminated. They might really want me to be out of the company but I know that I still need to undergo due process. Like NTE, RTWO, and such. Is there anything that I can do about it so that atleast I can protect my rights?

7Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Wed Aug 02, 2017 7:35 pm

lukekyle


Reclusion Perpetua

be careful about what you sign. read it carefully.. if they give you termination papers make sure you have a copy

8Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Wed Aug 02, 2017 7:39 pm

Christine Ann


Arresto Menor

Thank you so much for your response. Is it okay not to sign it? What if they will force me to sign it? What can i do?

9Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Wed Aug 02, 2017 8:13 pm

lukekyle


Reclusion Perpetua

what do you mean force to? if they hold you at gunpoint mag sign ka na.
if not and you disagree with what it says then dont sign it. if papa receive lang then its ok. you can also write "received or read" and note that you do not agree with what it says

10Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Thu Aug 03, 2017 11:31 am

Capt Ragnar

Capt Ragnar
Arresto Mayor

Christine Ann wrote:Thank you. My manager already informed me that I need to go to the office to sign papers for them to process my final pay. So now, I am under the impression that I am already terminated. They might really want me to be out of the company but I know that I still need to undergo due process. Like NTE, RTWO, and such. Is there anything that I can do about it so that atleast I can protect my rights?

Wow, that was quick in terminating you from your position considering that you missed work in a span of 2-3 weeks considering your situation. Considering negligence, I believed it should be not the basis considering you are pregnant. I'm sensing something is not right in there, but as other members said be vigilant what you will sign with those documents. You still have your right considering you are regular employee of your company.



11Termination of Pregnant Employee Empty Re: Termination of Pregnant Employee Thu Aug 03, 2017 12:58 pm

Christine Ann


Arresto Menor

Thank you. I can also feel that there os something wrong here. That's why I want to know my rights and the possible things I can do.

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