Hr Mgr
Learning & Performance Manager
Hrm & Admin.
Manager Hr
Carmela Gargallano
Human Resources Supervisor
+7 Others

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Hello everyone,
We have a case in which the employee starts to have unacceptable behavior,
such as he doesn't want to accept a workload from his supervisor(this employee involved is a team leader before) and he self-rendered his position since he is not performing his duties we include him under in another one group, and his reason why he doesn't want to accept that workload given by this supervisor is because he is a Team Leader anymore, he is also very nasty and don't have any respect with his superior. He leave when he wants.
That's why we came up with incident report(done) admin hearing(done) and about to gave him for another incident report and last is termination but after preparing all of this we received an email from him that is resigning from his position, question is do we still need to give him a termination letter or any disciplinary action before he leave?
Because our lawyer doesn't want to.
Please help.

You can accept his resignation to my view, can adjust his due in final settlement. Because termination may cause unnecessary issue which create head ache to you.
But as long as the termination is on due process and documented I don't think we will have problem in the future.
Its just our lawyer is too afraid to have an issue or court problem in the future.
But its affair to us in Management that we cannot implement the policy that we have.

Your lawyer is right, accepting the resignation is less complicated.
You also can decide not to accept the resignation and proceed with the termination if you want to, just be sure that due process was observed and there is enough grounds for the termination. The terminated employee can always file a case with the NLRC and the burden of proof is with the employer.
Please note also that termination of employment can be voluntary, meaning the employee can initiate it, or it can be involuntary meaning the management made the decision to sever the employee - employer relationship.

I agree your lawyer is right. Conducting due process of sending the required twin notices would take time. Before you knew it, the resignation date is over. Besides, you have to carefully prepare series of memorandum based on your company policies before you decide to terminate the person.
While it is the sole decision of the management to proceed with terminating the employee, i agree with the lawyer's recommendation. Accepting the resignation would entail less hassle on the part of the management. Aside from paying legal fees, it is also very time consuming in terms of documentation to prove that the decision was based on due process.
Nevertheless, you can always be honest should time comes when background reference checks will be done by the prospect employer and he cannot escape from this. Usually information may be needed such as but not limited to, citing the reason why he resigned, what was the behavior, performance, relationship with peers/supervisor and the like.
Good luck.

Why do you want to punish someone who has volunteered to leave? The whole idea of termination is to remove someone who DOESN'T WANT TO LEAVE. Wish him luck and smile. He's out of your hair; end of story.
Lawyers are always liers. I know many Layers tend to show that they are also working hence Viciate the Office atmosphere. Unless necessary the Lawyers must not be engaged in COmpany affairs. Thats a Humble Advice, these are the very scoundrels who paly double game & remain hidden.
Accept the resignation. This will be less complicated because;
1. You may require him to do a proper turn-over which is favorable to you if he has documents/items in his possession that needs to be endorsed to your office.
2. No more labor case. He might contest his termination because normally, termination means forfeiture of any benefits usually granted to resigning employees as his/her final pay.
3. His future won't be totally messed up because of his record of termination.
All is well that ends well.

Yes, accept the resignation letter and since he already sent one, your need not to worry about him anymore. On firing him after receiving the resignation letter, well, it depends on the date when it will be effective. Now, if he say "effective immediately" then you can't serve a termination letter anymore because the moment he wrote "effective immediately" the resignation letter is already effective to whatever date he wrote the letter. But if you found out that he specified a date as to when he wants his resignation to be effective, then you have all the chance to terminate him. But I would advise you not to go to that extend anymore. Just let him resign from the company and still treat him very nicely. After all, we are just employees in the same company, no more, no less except otherwise if we own the company. We HR's have to be diplomatic always and advocates for industrial peace.
Thank you! Hope this helps resolve your concern.

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