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Is there a violation of due process?

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1 Is there a violation of due process? on Fri Feb 10, 2012 11:05 pm

bbbharvard


Arresto Menor
I really need your help because I am about to loose my job. Here is my case:
I barely passed the regularization process according to my manager because of the following reasons:
1. I sent an email which they believe almost violated the company's core values
- Before I sent this email, I asked my manager what will be his comments and asked for advice if I have to send this email. He gave some advice and has been asking so many questions. But at the end of the day, I sent it anyway. then we had another 3 hour chat regarding this and why i sent the email anyway.

2. Because of evidences gathered from other managers

Because of this, I have to undergo a 55-day Performance Review wherein there were terms and conditions where i have to follow.
The terms and conditions are as follows:
1. I need to attend several trainings
2. Ensure that there will be no issues that will be raised against me during the 55-day period
3. Attend 3 checkpoint meeting with my manager
4. Participate in another team that prepares training materials wherein he is also the manager

On the next day after my meeting with my manager, he sent an email that requires me to submit status of the trainings I attended which were mentioned in the Performance review every Friday.

Submitting a status report was not mentioned in the Performance review terms and conditions so I did not follow it and because I plan to finish the trainings in 7 days.

The following event took place:
1. After seven days, I told my manager that I am done with the trainings and he told me to revise the email I sent that almost broke the company's core values. So I did revised it send it to my manager.

After he read the revised email, he asked several questions and one of them was what do I intend to do next?

2. Then the following day, he sent me a task(I will prepare a powerpoint presentation based on the topic he wrote and is basically a training material) that I should accomplish within a week.

3. Then I attended our first checkpoint meeting and he said I need to provide him my specific action plans and if I need to extend the 1 week period for the preparation of training material, I should tell him so I did asked him to extend it for 2 days. He also emphasized that the performance review is a serious matter and again with a slight authoritative tone, because of the email and from other people's inputs that i have to undergo in this process which I am surprised since I very aware of it.

4. The following day, I provided him my specific action plans which it include sending an apology letter to the email recipient where I almost broke the company's core values(this was his suggestion). I also sent him an email asking him to tell me who were other people that gave negative feedbacks.

5. Then my manager chatted with me on the internet asking me so many questions why I have to ask that questions and gave me the impression that he does not want to answer my question because he was asking too many questions but after a few minutes, I went to CR hurriedly to pee and it was just for 5 minutes.

6. The following day, I did some research regarding the training material and found 2 powerpoint presentation and sent it to him for review. he replied immediately and gave his inputs and also asked me why I did not I did not responded in our chat the previous day and he demanded an explanation. I told him I had to pee and when I returned, he was already offline.

7. I submitted the training material, I recieved a lot of negative comments and I answered them and became another issue so he scheduled a meeting to discuss it.

8. I attended the meeting and he was so angry. Telling me a lot of things that I am not meeting the performance review and the main reason of the Performance review is that I violated the company's core values and their evidence is the chat logs we had when he asked so many questions before and after I sent the email. And that my responses indicated that I am provoking the email recipient. He also said that the apology letter was insulting and so many others that made me realized that my performance review is in jeopardy. During the meeting every statement I made was being interpreted in his favor and I told him that he is dangerous and reported again this to HR. I tried to document our meeting because we are not able to understand each other just like what happened to our previous meetings be he prevented me because he is really angry and I don't really know why.

9. The following day, he sent an email regarding our previous meeting and has sent an email that he is submitting all evidences that only includes my communications with him.

10. I responded by moving to dismiss the performance review because I was not given due process by not given the time to think and provided proper counseling.

11. My manager responded that he was the one who provided the counseling and he used the chat logs we had before and after i sent the email that he claimed I broked the company's core values.

12. I emailed my manager that he is scamming me and to stop setting up meeting with me. I also moved to dismissed the performance review because my manager has occupied all important roles, he was the counselor, the manager, the judge, the team mate, the hostile witness.

I was stunt when I learned that while he was counseling me, he was gathering evidences that they used to interpret that my email broke the company core values. They did not explained in details how the email broke the core values but he emphasized that they have determined it through my answers to his questions while was acting as my counsel.

The following day, my manager filed a formal complaint that I violated the company's code of ethics by intently providing HR false information and accusing my manager a cheater and fabricating documents, etc which guarantees dismissal from the company I proven that I am guilty.

HR sent me a letter asking me to explain why I should not be disciplined by providing them a letter to explain my side and attend an Administrative conference.

Upon receiving this letter, I asked them to provide me a copy of the evidences submitted but HR replied that they will present the evidence during the meeting.

I submitted my letter stating that all the allegations were true and I based it in all the communications I had with my manager.

During the Administrative meeting, I emphasized that my manager has been unethically administering the performance review, giving inconsistent statements and asked them to schedule another Administrative conference to allow me to study the evidences presented and provide them a better response but it was denied.

DO you think my manager cheated me by acting as my counsel while he was gathering evidences? And do you think he lied perfectly when before I signed the performance review, he was telling me that I almost broke the company's core value but in our third meeting, he is already telling me that I broke the core values when I sent that email? Aside from the fact that most of the tasks he gave me are no longer part of the terms and conditions of the performance review.

During the administrative conference, he said he waited for 20 minutes for my response and because I did not responded during that period, and my status indicates that i am online, he assumed that I am ignoring him. This is the main reason why he became so angry during our third meeting. But in my chat log, it was only 5minutes and I was only gone for 5 minutes and after returning he was already offline.. HR did not accepted this as evidence that my manager is fabricating evidences.

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2 Re: Is there a violation of due process? on Sat Feb 11, 2012 4:39 pm

attyLLL


moderator
does it mean you are already a regular employee?


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3 Re: Is there a violation of due process? on Sun Feb 12, 2012 7:38 am

bbbharvard


Arresto Menor
nung last na salary ko, dapat may dagdag na 1000 dahil may mga benefits na di ko na kinuha and converted into cash pero di ko pa natanggap on my 7th month salary pero entitled na ako sa SL and VL with pay.

kumuha na rin ako ng employment certificate at nakalagay dun na regular employee na ako

so question po, yung mga ipinagawa sa akin ng manager ko during the performance review period na wala sa terms and conditions sa pinirmahan ko na documents na naging ugat ng di namin pagkakaintindihan at syang ikinagalit nya ay pwede gawing grounds for dismissal of the performance review? di na nila kase pinakinggan yung mga motions for dismissal na ang grounds ay unethical administration of the performance review by the manager kase he occupied most of the key positions in the case, at yung hindi ako nabigyan ng time para pag-isipan yung mga questions nya at wala ako proper counseling.

wala sila naging resolution duon pero nagpatuloy yung performance review at hayun natapos na di na ako nakapag-comply at yung manager na rin ang nagdecide na di ako pumasa at magkakaron na ng decision duon sa case na nakafile na pwede ako matanggal sa kompanya.

tama ho ba na di nila ako bigyan ng kopya nung mga evidence na nerequest ko bago mag-hearing at yung pagtanggi nila sa request ko na magkaroon ng another hearing dahil kailang ko pang pag-aralan yung mga arguments nila?

unethical nga ho ba yung mga tasks na ipinigawa sa akin dahil wala naman yun sa terms and conditions ng performance review? at ginawa nya paulit-ulit?

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4 Re: Is there a violation of due process? on Sun Feb 12, 2012 10:23 am

attyLLL


moderator
it's not right that they did not give you a copy, but this by itself does not make it unlawful. however, failing a PIP, to my mind, is not equivalent to gross and habitual neglect.


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5 Re: Is there a violation of due process? on Sun Feb 12, 2012 11:00 am

bbbharvard


Arresto Menor
yung pagtanggi nila sa request ko for another hearing, tama ba yun?

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6 Re: Is there a violation of due process? on Sun Feb 12, 2012 1:20 pm

bbbharvard


Arresto Menor
humingi ulet ako pagkatapos ng meeting nung copy ng evidences at yung minutes of the meeting ng Administrative conference namin sabi nila ibibigay lang daw sa meeting namin kung saan ibibigay na yung decision nila, tama ba yun?kase balak ko ipareview sa NLRC kung tama yung procedure at walang violation sa due process

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7 Re: Is there a violation of due process? on Sun Feb 12, 2012 8:33 pm

bbbharvard


Arresto Menor
ano ho ba pwede na case sa ganito:
may meeting kami lang dalawa ng manager ko. sabi lang nya na kailangan magpadala ako ng sulat(email) sa client.

the following day, nag-email ako sa manager ko na sinabihan nya ako na mapadala ng email sa client. nag-confirm naman sya through email din.

so gumawa ako ng email at ipinadala ko nga sa client. pagkatapos, ipinadala ko yung copy sa manager ko.

nagalit si manager, at nagreply sa email ko na sabi nya, bakit di ko sinunod ang instructions nya na dapat ipinadala ko muna sa kanya yung email bago ko ipinadala sa client at bakit daw di nasunod yung mga pointers na gusto nya na nasa email.

nagtataka ako kung bakit ganun ang comments nya sa email kase wala naman kaming napag-usapan na ganun at sa katunayan, bago ako nagpadala ng email, nagconfirm sya at wala duon yung mga sinasabi nya.

pwede kaya nag-fabricate na sya ng evidences laban sa akin? kase nag-iimbento na sya ng mga kwento eh na fully documented naman yung task na dapat kong gawin.

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8 Re: Is there a violation of due process? on Mon Feb 13, 2012 1:50 am

bbbharvard


Arresto Menor
Tama rin ho ba na ibigay nila yung mga evidences na nagpapatunay na i hardly passed regularization kase sinabi lang nila at ayaw nila ibigay sa akin yung mga evidences

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9 Re: Is there a violation of due process? on Wed Feb 15, 2012 7:43 pm

attyLLL


moderator
if they terminate you, you can question the decision by filing an illegal dismissal case at nlrc. i highly recommend that you focus on substantial, not procedural issues.


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10 Re: Is there a violation of due process? on Wed Feb 15, 2012 7:52 pm

bbbharvard


Arresto Menor
Natanggal na ako at halos ayaw na ako papasukin kanina

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