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Terminating a pregnant call center agent employee due to a minor offense

3 posters

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Jack La


Arresto Menor

Hi good day! just inquiring lng po about my situation towards my company. I am a call center agent for almost 2 years. The situation was my company let me sign for a preventive suspension notice good for 30 days that also leads for TERMINATION for the purpose of pushing the hearing that's why I was forced to signed it. On the date of 11/12/17 I signed the notice. Next day, nag duty po ako, nag take ng calls ng 2 1/2 hours and after that pi na log out ako dahil daw I am already suspended. I was shocked because they didn't inform me about na start na pala suspension ko. That's why i went to HR office to clarify after that, they get my company I.D


INCIDENT REPORT:

Napa ka minor lng tlga ng offense ko. They have a new policy that when you take calls every account that will be access is you need to create interaction. Yes that was my lapses, I have not created any notes because I have a valid reason. During the call that was on 10/30/17 I was bothered it was because my baby inside my womb was not kicking anymore and I was not feeling well that time but I still manage to work. On 10/31/17 the call was monitored and it was tagged as for TERMINATION. I was bothered again to the point nag undertime na ako dahil sa contractions. Next day 11/01/17, I went to my OBGYNE , had a checked up and on 11/04/17 I was back to work providing a valid medcert.

After the incident, I had lots of papers to signs in regards with my offense and absences. I found out there was a certain documents that has been faked/falsified by the management so that I will be terminated. I signed the documents so that it will be processed for hearing. Good thing is I have the correct documents stated that my offense was not for termination.


My question is do I need to consult a lawyer or should I wait for the decision of the hearing? Please help. I don't deserve this, I am almost 6months pregnant, they should not terminate me, it's on law of Magna Carta.

HrDude


Reclusion Perpetua

Since you are not terminated yet, you wait for your company to process your admin case.

FYI. There is no provision on the Magna Carta Law that a pregnant employee's services CANNOT be terminated due to Just Causes under the Labor Code.

Jack La


Arresto Menor

Thank you for the reply. So if ever the company decides to terminate me? So that will be time that I can file a case??
How about the documents that has been falsified? Should I just leave it and wait for the decision after the hearing?

HrDude


Reclusion Perpetua

Anytime AFTER the finality of the decision.

Present all your evidences in the hearing of your case.

arnoldventura


Reclusion Perpetua

Just make sure that in case you are terminated, the company observes due process. You may read this to know how the termination process works. Hope you would not need it, but it would be good to have a reference just in case. https://www.alburovillanueva.com/dismissal-termination-employment

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