Was the department head right in asking Marciano to resign immediately? Explain your answer.
➤ Marciano Aquino works for a pharmaceutical company manufacturing generic medicines which sell at lower costs compared to branded medicines. In his eagerness to sell their low-cost drugs to increase company revenues, he used social media to spread negative rumors and gossip regarding the manufacturer of the branded equivalents of their generic products; this became viral on the Internet after a few weeks.
As employee, Christopher, became aware of what Marciano was doing and reported this to their supervisor, who in turn, reported Marciano’s unethical way of competing with their rival company to their department head for sales. For fear of being sued for unethical competition by their rival company, the department head called Marciano, a tenured employee, and without asking for any explanation, asked him to write a voluntary resignation letter immediately, explaining orally that this was the order of their company owner because of his irresponsible behavior.
Marciano, who felt bad about this unexpected order from his superior, decided to write a voluntary resignation and submitted this to the department head the next day. He felt that the said company superior did not see his good intentions and that it was not worth it to continue serving them.
After a month, he realized that he acted in anger and he should not have followed the department head’s order; and upon the advice of some of his friends, he decided to file a complaint for illegal dismissal and termination without due process with the National Labor Relations Commission (NLRC).
Questions:
1. Was the department head right in asking Marciano to resign immediately? Explain your answer.
2. In your opinion, will the complaint/case Marciano filed at the NLRC against the pharmaceutical company prosper? Explain your answer.
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