Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Wrongfully accused and suspended without proper reason

View previous topic View next topic Go down  Message [Page 1 of 1]

cathB


Arresto Menor
Good Day,

I am an employee of certain fast food chain residing in Gil Puyat Buendia, I would like to know my rights for the reason that this company had accused of me something that I did not do, I was part of this company for almost 5 years now. An instance happen earlier this month of April 2013, when one our manager misheard something from me and my co-worker, this co-worker of my borrowed a certain amount of cash to me, and I was trying to get her payment. then this manager raised his doubts against us. my co-worker paid me and that was time the manager started to think that we have stole something in the company, wherein during that shift of ours, there wasn't any stolen reported nor cashiers money was good and ok. and every money and reports are the same without any shortage in money. But the manager still insist of what he thinks. We have file an IR for no reason, still doubting what is the cause of the report. and now after the filling the IR we have been suspended. I don't know what to do, for they don't have strong evidence for what they are accusing me, the bad thing is, when they told me that they have suspended and I ask for how many days they just told me that they are going to text or sent me a message when to come back. And for this I got a feeling i might lose a job, for god sake, i worked for this company for almost 5 years and wont last for this job that long if Im aint have a good reputation. I have two little toddlers to support, thank God I still have my husband to support us but with the lose of this Job it felt like I am being humiliated. there was also a time when the manager talked to me privately and showed me the cctv, while showing the cctv he is insisting that we stole something which is not, he was talking to me in manner like i was a criminal but no matter I told him I didnt do anything and why would I do that accusation to me. he kept on accusing me and my co-worker for this instance we havent done. Now sir/madam, I want to know my rights for this action that the company did to me, do i have the rights to sue them for wrongfully accusing us for something me and my co worker did not do??

View user profile

attyLLL


moderator
if they have issued a notice to explain, then focus now on preparing your explanation because avoiding termination is the proper course of action right now.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

joycejimibayrante


Arresto Mayor
cathB wrote:Good Day,

I am an employee of certain fast food chain residing in Gil Puyat Buendia, I would like to know my rights for the reason that this company had accused of me something that I did not do, I was part of this company for almost 5 years now. An instance happen earlier this month of April 2013, when one our manager misheard something from me and my co-worker, this co-worker of my borrowed a certain amount of cash to me, and I was trying to get her payment. then this manager raised his doubts against us. my co-worker paid me and that was time the manager started to think that we have stole something in the company, wherein during that shift of ours, there wasn't any stolen reported nor cashiers money was good and ok. and every money and reports are the same without any shortage in money. But the manager still insist of what he thinks. We have file an IR for no reason, still doubting what is the cause of the report. and now after the filling the IR we have been suspended. I don't know what to do, for they don't have strong evidence for what they are accusing me, the bad thing is, when they told me that they have suspended and I ask for how many days they just told me that they are going to text or sent me a message when to come back. And for this I got a feeling i might lose a job, for god sake, i worked for this company for almost 5 years and wont last for this job that long if Im aint have a good reputation. I have two little toddlers to support, thank God I still have my husband to support us but with the lose of this Job it felt like I am being humiliated. there was also a time when the manager talked to me privately and showed me the cctv, while showing the cctv he is insisting that we stole something which is not, he was talking to me in manner like i was a criminal but no matter I told him I didnt do anything and why would I do that accusation to me. he kept on accusing me and my co-worker for this instance we havent done. Now sir/madam, I want to know my rights for this action that the company did to me, do i have the rights to sue them for wrongfully accusing us for something me and my co worker did not do??


Kung nasuspend ka na, I am assuming na preventive suspension yan. Pwede gawin ng companies yan while investigating the case. Maximum na 30 days lang ang preventive suspension. Pero dapat ginawa nila yan e me forms ka na nakuha sa knila kung anu naviolate mo, me admin hearing dates ka na rin dapat. Due processes yan na dapat ginagwa based sa labor laws.


About sa preventive suspension, kung guilty ka, wala bayad na ang suspension days na yun, pero dapat me separation ko kung mateterminate ka. Kaya lang illegal yan since ang kaso lang e nakawan at evidence ay CCTV.Dapat maestablish ng boss mo ang damages nun sa company.

Kung di ka guilty, e mabayaran ang suspension days mo.

Kung wala ka natatangap ni isang papel for preventive suspension at due process. Magfile ka na ng unfair labor practice sa NLRC. Saka me harassment na sayo since inaakusahan ka na kamo ng boss mo, dapat sa hearing nya pinapakita yang mga evidence nya,

View user profile https://www.facebook.com/jimmybayrante?ref=tn_tnmn

4 Haven't receive a back pay on Tue Apr 23, 2013 12:19 am

hanadorable


Arresto Menor
Hi hihingi lang po ako ng advise regarding my situation, kc po i’ve already resigned to my previous company way back 7 months and until now i haven’t receive my final pay, laging na dedlay, ang excuse nila kesyo daw mali daw ung LWD (last working days) ko, ang hindi ko lang maintindihan pano sila magkakamali, they have all the details pagdating sa mga schedules and plotting ng attendances, already talked to the HR and also to Finance, they said that they’re going to re-endorsed it again, hanggang sa pinabalik balik nila ko sa office for almost 7 months, and to be honest i fed up, nagemail ako sknla but they haven’t update us regarding the status hanggang ngayon wla pa din silang response kng kelan nmn mkukuha ung backpay nmn, hindi lang yung akin, yung sa husband ko the same company kme and same kme month din kme nag resign nauna pa sakanya narelease, unfortunately kulang kulang ung bingay sknya, first nkuha nya final pay nya pero income tax return lng ung andun wlang 13th month pay, wlang last working days at wlang incentives nya sa final pay, we have all the documents para mapatunayan na hindi kumpleto ung bingay nila, may pinirmahan sya na narelease na ung pay nya, pero chineck nmn before kme umalis ng office ung check at computation ng pay nya, pagtingin nmn mali ung computation we went to the HR but unfortunately lahat sila nka leave nun dahil magbisperas ng pasko ata nmn na kuha ung pay nya so wala sila pra magcomplain kme, sbe nmn dun sa HR bbalik kme after ng xmas, bumalik kme, pagbalik nmn wla na nmn sila kesyo may meeting daw and may emergency, pabalik balik kme hanggang sa nkausap na nmn ung HR corp at nghntay kme sa finance for pacompute ng final pay but ufortunately hindi sumipot ung finance na nagpa appontment pa kme. ang hirap silang kausap at di man lang kme inuupdate kng anong status ng final pay nmn, pinababalik balik kme from taguig to cavite at may mga pasok pa kme, gusto nmn magfile ng damages kaso di lang nmn alam kng pano, we have all the details like emails and black and white documents pra mapatunayan na mali ung ihold nila ang pay nmn, as originally expected 40-60 days lang daw ung process ng final pay kaso it’s been 7 months na mag 8 months na this MAY,at higit sa lahat ang hirap pa tawagan ng company phone nila laging busy at di mareach ung right department, so we end up na ihang nlng ang phone. please help us how to file a case on this one, sobrang pahirap na samin to, kung kelan need namin ng pera ung inaasahan sana namn na makakatulong na pera na sana pambayad ng mga gastusin sa bhay wla, di nmn maasahan sana matulungan nyo kme, pano ba magfile ng case sa NLRC?. do i still need po ba pmnta sa mismong NLRC to file the case?. thank you po.

View user profile

joycejimibayrante


Arresto Mayor
hanadorable wrote:Hi hihingi lang po ako ng advise regarding my situation, kc po i’ve already resigned to my previous company way back 7 months and until now i haven’t receive my final pay, laging na dedlay, ang excuse nila kesyo daw mali daw ung LWD (last working days) ko, ang hindi ko lang maintindihan pano sila magkakamali, they have all the details pagdating sa mga schedules and plotting ng attendances, already talked to the HR and also to Finance, they said that they’re going to re-endorsed it again, hanggang sa pinabalik balik nila ko sa office for almost 7 months, and to be honest i fed up, nagemail ako sknla but they haven’t update us regarding the status hanggang ngayon wla pa din silang response kng kelan nmn mkukuha ung backpay nmn, hindi lang yung akin, yung sa husband ko the same company kme and same kme month din kme nag resign nauna pa sakanya narelease, unfortunately kulang kulang ung bingay sknya, first nkuha nya final pay nya pero income tax return lng ung andun wlang 13th month pay, wlang last working days at wlang incentives nya sa final pay, we have all the documents para mapatunayan na hindi kumpleto ung bingay nila, may pinirmahan sya na narelease na ung pay nya, pero chineck nmn before kme umalis ng office ung check at computation ng pay nya, pagtingin nmn mali ung computation we went to the HR but unfortunately lahat sila nka leave nun dahil magbisperas ng pasko ata nmn na kuha ung pay nya so wala sila pra magcomplain kme, sbe nmn dun sa HR bbalik kme after ng xmas, bumalik kme, pagbalik nmn wla na nmn sila kesyo may meeting daw and may emergency, pabalik balik kme hanggang sa nkausap na nmn ung HR corp at nghntay kme sa finance for pacompute ng final pay but ufortunately hindi sumipot ung finance na nagpa appontment pa kme. ang hirap silang kausap at di man lang kme inuupdate kng anong status ng final pay nmn, pinababalik balik kme from taguig to cavite at may mga pasok pa kme, gusto nmn magfile ng damages kaso di lang nmn alam kng pano, we have all the details like emails and black and white documents pra mapatunayan na mali ung ihold nila ang pay nmn, as originally expected 40-60 days lang daw ung process ng final pay kaso it’s been 7 months na mag 8 months na this MAY,at higit sa lahat ang hirap pa tawagan ng company phone nila laging busy at di mareach ung right department, so we end up na ihang nlng ang phone. please help us how to file a case on this one, sobrang pahirap na samin to, kung kelan need namin ng pera ung inaasahan sana namn na makakatulong na pera na sana pambayad ng mga gastusin sa bhay wla, di nmn maasahan sana matulungan nyo kme, pano ba magfile ng case sa NLRC?. do i still need po ba pmnta sa mismong NLRC to file the case?. thank you po.

Yes, you have to go to NLRC and file the complaint yourself. Ganun din ang sa asawa mo, dapat maifile rin nya. Just fill out the form then pwede mo icheck ang money claims for last pay at damages if you want to raise that sa hearing niyo.

View user profile https://www.facebook.com/jimmybayrante?ref=tn_tnmn

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum