july 31 my supervisor approached me at break time. he talked to me privately about an incident.someone has seen me bringing my phone on the floor. well yes i admitted that i had my phone inside my pocket however i did not intentionally bring it. i explained that i was in a rush because i was almost late.
i was wearing a big jacket that time and i only noticed something in my pocket when i was already on the floor. i cannot just go out as the shift has already started. before i even went to the office i was quite agitated as i was texting wth my mom and something happened at home. unfortunately i was not with myself at that time and rushed to the locker just left my bag inside and went straight to the production floor.
when i started my employment in june i am pretty aware of common house rules in such environment.like no food and drinks inside or no cps allowed. however when we were in training and early on the floor i have observed that agents brought phones but are kept inside the tls pedestal. and during break and after shift then they will get it from there.
however after the incident they changed everything. now no phones allowed inside.and can only leave them with the guard out side the production area. after 2weeks or so they said it has to be left inside the locker. on the day that i was caught with a phone with me, my tl gave me a final written warning and let me signed. but i was not given a copy. it stated there that any repetition of incident will result to termination. befor he even served me a final warning,he also said he will put his name however after the incident they changed everything. now no phones allowed inside.and can only leave them with the guard out side the production area. after 2weeks or so they said it has to be left inside the locker. on the day that i was caught with a phone with me, my tl gave me a final written warning and let me signed it. however i was not given a copy. during our private conversation,my tl also said he will put his name at risk so that i can be kept and not removed. they know i have a good performance.
august has past then on the first week of september on the 7th to be exact. we just finished our preshift meeting and i went to my station getting ready everything. then my tl jenna called me as someone from hr needed to speak wth me. i was pulled out from my station and followed the person. i was surprised when the hr personnel mr. del,discussed the incident that had happened more than a month ago.
and unexpectedly he served me two separate NTEs. one for Performance Management and Attendance Policy. i was given 24-48 hours to explain my side and asked to email it to hr. i did answer.i explained my side. i included what was written in our new code of conduct about being absent.those were valid and presented 2 med certs. these absences were approved even if they have given me written warnings.
i also explained what really had happened on the day when i was caught wth a phone on my pocket. on the same night i was suspended by hr. and sent me home. they asked me to surrender my key and id. i went back to the ops area to get my things and walked out discreetly from the room.del said they will review my explanation and will get back to me for admin hearing.
i waited.i texted my tl who served me the warning. told him what had happened but he ignored my messages. i was already suspended for 5days. til on september 12 they asked me to go back to the office for the admin hearing.my tl wasnt even there. i talk to my other tl-jenna and learned that robert did not even sign the final warning.i was shocked when i heard it.
i asked for a copy of it and jenna tried to find it for me but said i wont be able to get one as it was revoked. i said it has been more than a month and robert did not even tell me that he did not sign it.now it doesnt have any effect.mr.del and 1hr personnel, 2 agents-one of them is the wife of the campaign manager named mike. and mike as well were there. i was all by myslf.
i recorded the hearing. the agents even confirmed that they did see me pulling out the phone but i was not texting at all.i was actually trying to turn it off. they even gave wrong info on how my phone looks like.also the campaign manager confirmed the same explanation i told my tl. as well as what i have sent to hr.all consistent.
it was a first time incident and it was unintentional. hr sent back the agents to the production area. and mike was left. after the hearing he said he will get back to me to give the results. well at one point during the conversation he insisted that my case is still terminable regardless if i was given a written final warning.that does not seem fair at all. i was terminated on sept 13. they did not even give me an option to resign. at first i did not want to sign the termination paper as i am expecting my pay the next day. and hr said regardless if I sign it or not, i will still not be paid and it will not have any effect on their decision. i have recorded the conversation.
i have reviewed our new code of conduct, i even took a print screen and saved it so i will have a guide. as per my reply to our HR here is what I have written:
"As per the new code of conduct I believe my violation falls under: 7 Offenses against the ITD Acceptable Use Policy- 7.3 Unauthorized use of telephones, cellular phones or other communication facilities (i.e. fax machines, scanner, CD burner etc.), the classification of this offense is Class C"-
C meaning FINAL WRITTEN WARNING. and there should be no repetition of violation for 12 months. it would be much acceptable to me if they have terminated as early as july or at least first week of august. i never expected that they will end my employment after a month. the reason why it was late because my tl did not send a report to hr. but instead he provided me a final written warning. which in the end they all kept saying it was revoked. they did not give me a copy of it, they did not want to. although i took a picture of it while i was speaking to my manager and he showed me the paper. i also asked for the copy of the signed memorandum were its states about the house rule of bringing gadgets on the floor. but they did not provide it either. other than that, i checked my contract (client specific) and it wasnt included there either except for the attendance and performance policy.
i need some advice if there is any way i can file a complaint against them. i have heard that they have already existing labor cases.