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Preventive suspension and threats for dismissal

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evex91176


Arresto Menor
I am writing in behalf of my daughter in law who is now in the state of anxiety resulting from the memo received from her immediate superior questioning her work activity, putting her in preventive suspension and asking for immediate reply (in 24 hours)or face the consequence of dismissal.

This preventive suspension prevented her from attending the national conference to receive her recognition and prizes for 3 awards garnered during her 7 months stay with the company. She is already a regular employee.

She has written the HR Personnel Dept questioning the legality of that suspension and the status of her employment. She is still waiting for the reply of that department.

All the alleged offenses where countered by the employee through written clarification letters by the customers involved, disproving the claims by the supervisor.

In case of an illegal dismissal, are there available lawyers who are willing to represents victims, on a semi pro bono basis, that is payment is given after winning the case, even on a 50-50% sharing?



Last edited by evex91176 on Wed Jan 30, 2013 1:56 pm; edited 1 time in total (Reason for editing : Remove unnecessary details)

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council


Reclusion Perpetua
evex91176 wrote:I am writing in behalf of my daughter in law who is now in the state of anxiety resulting from the memo received from her immediate superior questioning her work activity, putting her in preventive suspension and asking for immediate reply (in 24 hours)or face the consequence of dismissal.

This preventive suspension prevented her from attending the national conference to receive her recognition and prizes for 3 awards garnered during her 7 months stay with the company. She is already a regular employee.

She has written the HR Personnel Dept questioning the legality of that suspension and the status of her employment. She is still waiting for the reply of that department.

All the alleged offenses where countered by the employee through written clarification letters by the customers involved, disproving the claims by the supervisor.

In case of an illegal dismissal, are there available lawyers who are willing to represents victims, on a semi pro bono basis, that is payment is given after winning the case, even on a 50-50% sharing?

Preventive suspension lang yan. Not a sanction.

If your daughter is found not guilty they she should be paid for all the days she was on PS.

However as in all cases of due process, she should be given 5 calendar days to explain, not just 24 hours.

http://sc.judiciary.gov.ph/jurisprudence/2007/june2007/166208.htm

There is no illegal dismissal situation yet in this case.

Update us on the decision of this matter so we can give further advice.

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evex91176


Arresto Menor
I appreciate with gratitude the advice shared, particularly the jurisprudence on 'due process'.

In case she was exonerated and suspension lifted, what other compensation or benefits could she expect aside from the regular back wages?

Also how would she cope up with the updates on marketing & sales strategies because she was prevented to attend the annual conference where briefings on these topics are normally discussed?

Many thanks and God bless.

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