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Notice to explain and to show cause

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1 Notice to explain and to show cause on Sun Sep 16, 2012 11:40 am

Missqiva


Arresto Menor
Good day sir/madam

I have this issue at my office which turn to be true. Now, I have to answer this: the foregoing discripancies point to tampering or falsifying entries, as well as, misappropriation of company sales and or collections that were not timely and properly turned over. As such, these would constitute fraud, dishonesty, and or misappropriation or conversion of company funds, as well as serious violation of the cashiers duty to immediately turn over sales and collection at the end of each day. All of which are serious offenses and are grounds for dismissalor termination of employment.

I have given 3 days to explain these matter.

What would be my best action to this? Should I agree at once with this matter and try to talk it over to them to atleast lighten my penalties? or should I consult with a lawyer first?

I'm 6 months pregnant with our 2nd baby as of the moment, If I get in a worst case situation, I just want to know if there's a chance If I can get proper compensation since I've worked for 10yrs in our company..

Thank you very much in advance...

Missqiva

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2 Re: Notice to explain and to show cause on Sun Sep 16, 2012 5:12 pm

tatak


Arresto Mayor
was this your first infraction?

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3 Re: Notice to explain and to show cause on Sun Sep 16, 2012 6:53 pm

Missqiva


Arresto Menor
tatak wrote:was this your first infraction?
Yes sir it is..

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4 Re: Notice to explain and to show cause on Sun Sep 16, 2012 9:06 pm

tatak


Arresto Mayor
first, be sure to answer the show cause order... honestly explain your side on the circumstances which affected your indiscretion... be apologetic as much as possible..

here are some cases which I hope would lessen your anxieties....

Mary Johnston Hospital v. NLRC, where the employee had a heated argument with the department head, the Court held that since the incident was her first offense during her seventeen (17) years of employment the penalty of termination was not commensurate with the act committed.



Manila Electric Company v. NLRC, where the employee was declared guilty of breach of trust and violation of company rules the penalty of dismissal was not meted to him considering his twenty (20) years of service without any previous derogatory record and his two (2) commendations for honesty from the company.



Dolores v. NLRC, where the employee absented herself without permission from her superior, the Court ruled that the penalty of dismissal was too severe considering her twenty-one (21) years of service with the company and it appearing that it was her first offense.

Philippine Telegraph and Telephone Corporation v. NLRC, where the employee was adjudged guilty of tampering a receipt, the Court ruled that the imposition of the supreme penalty of dismissal would certainly be very harsh and disproportionate to the infraction committed, especially after noting that it was his first offense after seven (7) long years of satisfactory service.

Radio Communications of the Philippines, Inc. v. NLRC, where the employee was found guilty of misappropriating company funds and withholding messages for transmission, the Court ruled that in view of the employee's continuous service of ten (10) years with the company the penalty of dismissal for the minor infractions would be unduly harsh and grossly disproportionate.

Bonotan v. NLRC, where the employee shouted at the operations manager, the Court ruled that since the employee has been with the company for twenty-six (26) years and nowhere in the records did it appear that she committed any previous violation of company rules and regulations, dismissal from work would be too severe a penalty under the circumstances.

Tanduay Distillery Labor Union v. NLRC, where the employees were found guilty of eating while at work, the Court ruled that inasmuch as they had served the company without any record of violation or infraction of company rules and regulations prior to the incident for periods ranging from 16 to 26 years, respectively, the dismissal meted out on them was too harsh a penalty.

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5 Re: Notice to explain and to show cause on Sun Sep 16, 2012 9:21 pm

Missqiva


Arresto Menor
tatak wrote:first, be sure to answer the show cause order... honestly explain your side on the circumstances which affected your indiscretion... be apologetic as much as possible...

Thank you so much for the time and effort. God bless po...

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6 Re: Notice to explain and to show cause on Sun Sep 16, 2012 10:36 pm

attyLLL


moderator
wait, how much is involved here? i'd be careful of simply confessing because their next step may be to file criminal charges against you. i recommend personally consulting with a lawyer.


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7 Re: Notice to explain and to show cause on Mon Sep 17, 2012 6:24 am

Missqiva


Arresto Menor
attyLLL wrote:wait, how much is involved here? i'd be careful of simply confessing because their next step may be to file criminal charges against you. i recommend personally consulting with a lawyer.

First of all, thank you po attyLLL. I'm from sales, someone accused me of putting extra percentage to the items that we sell in our company, they found evidences that has put me into this situation, let's say sa isang item costing around 30k may patong lang po ako ng mga 10%, 30k still goes to the company and I let the 10% floats for a couple of days then goes it into my petty cash drawer. But still I know I've been violating company rules. Nangyari po ito this year lang, impluwensiya narin po ng kasamahan sa work and my financial situation.. Ano pong dapat kong gawin atty?...

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8 Re: Notice to explain and to show cause on Sat Sep 22, 2012 3:27 pm

sabina143


Arresto Menor
ano po ang mgiging parusa ng isang collector kung naptunayan n my mga payment ng customer n hindi niya nremit..pinipilit po kc papirmahin ang aking asawa ng isang notice n hindi p po niya naki2ta ang mga detail ng kanyang short?

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9 Re: Notice to explain and to show cause on Tue Sep 25, 2012 10:55 pm

good_intention


Arresto Menor
tatak wrote:first, be sure to answer the show cause order... honestly explain your side on the circumstances which affected your indiscretion... be apologetic as much as possible..

here are some cases which I hope would lessen your anxieties....

Mary Johnston Hospital v. NLRC, where the employee had a heated argument with the department head, the Court held that since the incident was her first offense during her seventeen (17) years of employment the penalty of termination was not commensurate with the act committed.



Manila Electric Company v. NLRC, where the employee was declared guilty of breach of trust and violation of company rules the penalty of dismissal was not meted to him considering his twenty (20) years of service without any previous derogatory record and his two (2) commendations for honesty from the company.



Dolores v. NLRC, where the employee absented herself without permission from her superior, the Court ruled that the penalty of dismissal was too severe considering her twenty-one (21) years of service with the company and it appearing that it was her first offense.

Philippine Telegraph and Telephone Corporation v. NLRC, where the employee was adjudged guilty of tampering a receipt, the Court ruled that the imposition of the supreme penalty of dismissal would certainly be very harsh and disproportionate to the infraction committed, especially after noting that it was his first offense after seven (7) long years of satisfactory service.

Radio Communications of the Philippines, Inc. v. NLRC, where the employee was found guilty of misappropriating company funds and withholding messages for transmission, the Court ruled that in view of the employee's continuous service of ten (10) years with the company the penalty of dismissal for the minor infractions would be unduly harsh and grossly disproportionate.

Bonotan v. NLRC, where the employee shouted at the operations manager, the Court ruled that since the employee has been with the company for twenty-six (26) years and nowhere in the records did it appear that she committed any previous violation of company rules and regulations, dismissal from work would be too severe a penalty under the circumstances.

Tanduay Distillery Labor Union v. NLRC, where the employees were found guilty of eating while at work, the Court ruled that inasmuch as they had served the company without any record of violation or infraction of company rules and regulations prior to the incident for periods ranging from 16 to 26 years, respectively, the dismissal meted out on them was too harsh a penalty.

OMG! I just posted my enquiry and this thread really answered my question! I have the same issue, fraud but i have different intention (Just to prove that tehr's a system casuing fraud). Im 3 yrs of service and no issue of dishonest or whatsoever, Now they terminated me! Now I can really file my case. It feels good. terminating me is really harsh. Ty

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10 Re: Notice to explain and to show cause on Wed Sep 26, 2012 3:04 pm

sabina143


Arresto Menor
sir

thank you...ngaun po lam n nmn gagawin....d kc tama ang gngwa nla pgtrato sa amin..

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11 Re: Notice to explain and to show cause on Wed Sep 26, 2012 3:38 pm

sabina143


Arresto Menor
sir,
willing po kmi to settle ung mga short.at kung cause po nun ay dismissal..pwede po b nmn cla ireklamo s hindi nla pgbi2gay ng tamang sahod,wala dn po kmi contract khit mtagal n kmi s company, wala din po kmi natatngap n holiday pay,incentives,at insurance (field insurance)at ang ibang expenses ng service ng motor ay sa collector pa kinakaltas,minumura p ang mga collector pg mahina ang collection. ano po ang dapat nmin gawin..

sana po matulungan nyo po kmi uli...

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12 Re: Notice to explain and to show cause on Thu Sep 27, 2012 10:36 pm

attyLLL


moderator
sabina, it depends on how much is missing.


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13 Re: Notice to explain and to show cause on Fri Sep 28, 2012 10:44 am

sabina143


Arresto Menor
so far po pinacompute po uli nmn ang mga short nia..what if po kung less than 50k?/

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14 Re: Notice to explain and to show cause on Fri Sep 28, 2012 5:15 pm

attyLLL


moderator
that is a very substantial amount. if your husband actually collected that and failed to remit, then my position is that there is basis for termination.


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