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sickness as ground for termination and sneaky management behavior.

2 posters

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SMEmanager


Arresto Menor

Hi, I am posting for a friend who needs legal advice. Here are the facts:

- She works as a full-time contractual employee for a large international electronics manufacturing company. Three months by the first week of December.
- Her job is in PR and thus requires a lot of overtime rendered during product launch events or promotions (averaging once a week). She renders many hours of overtime (sometimes without pay).
- She has, in her opinion, done good and useful work backed by her duly submitted reports and paperwork.
- It is also in her opinion that her supervisor (female) is jealous of her popularity and good looks. She is being lashed out on, insulted in front of colleagues, and shouted at, even physically threatened (babatuhin kita, hahampasin kita, isa ka nalang sakin, etc)
- She developed a cyst on her breast and thus had to take 1.5 separate days of sick leaves for medical consultations and examinations and another 2 consecutive for unrelated flu.

Her supervisor has called her in and told her that she (supervisor) will submit a recommendation to have her terminated due to excessive illnesses. She is now being advised by her supervisor to submit her resignation.

Is 3.5 sick leaves in 2.5 months excessive given this is flu season and she developed a potentially life threatening disease? Will the termination be legal?

As non-legal advise, I told her to write a letter to HR about the mistreatment she is getting and tender her resignation if she wishes to move on. In any case, your legal advise will be appreciated. Thank you.

attyLLL


moderator

what does her contract say, that her employment will end at a certain date? if so she has security until that date and 3.5 days absence, if justified with med certs, should not be basis for termination

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