xtian_62808 wrote:first, i would like to thank you for this online legal advice. it enlightens people about the legal laws applicable to such cases..
i have a problem with my previous sales agents.. they have been working for me for more than 5 yrs. i conducted a thorough audit of my business and found out they were taking money out of their collections and altered some receipts to gain money from certain transactions.. they have been doing this since 2008 of their tenure.. with their admittance of the said acts i terminated them.. i am now on the process of collecting evidences to be submitted when i file a legal case against them..
there are some concerns i would like to ask advice with..
these people i terminated solicited advice from various people and allegedly filed a complaint in DOLE,, the concerns were Illegal termination and Salary Concerns..
when terminating an employee does it have to be in writing??
personal confrontation of the owner himself that led to their termination without giving them notice of termination would that be void and improper??
can they still argue legally for their salary now that they were already terminated?
what legal actions can i do regarding their theft issue?
thanks in advance..
Yes, your previous employees have the rights to file a complaint at DOLE because no DUE PROCESSES were conducted when they were terminated. Based from labor laws, employers should:
1. Give a letter/form to all employees who have violations, the letter should indicate the company policy which they violated.
2. You need to give them time to explain
3. You have to set an admin hearing to hear their sides and to weigh the evidences.
4. if you are indeed convinced that they are guilty, then you can apply the necessary sanctions like suspension or termination.
Now, since they have filed at DOLE:
- you have th burden to prove you gave them due processes before termination
- you have the company policy that was approved by DOLE
- you have the evidences to prove that these employees had grave misconduct
Remember, there are penalties for no due processes as per labor laws, like 30k. Also, prepare for separation payments to these employees since you terniated them. They are entitled to that guilty or not guilty on embezzlement of money from your business. After all these, then you can consider filing for the civil cases to them for stealing money.