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Need Help..Got Dismissed and I want to seek advise if i can file a case against it

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rd123456789


Arresto Menor

its actually a bonus that was put in my payroll account, they said that it was not supposed to be mine, it happened january this year, no one from HR approach me to inform me that the bonus that i received was a mistake,

i assumed that the bonus was mine because i also refer some applicants to apply to our company that time. they only served me a notice to explain last month, oct 4 and at the same time serve my suspension notice which i actually tried to dispute, because based on our policy they will only put an emplpyee to preventive suspension if the employee is an immediate threat to the company. My alleged violation was way back january this year, and by the way i was with the company for 5 years, and i didnt have any record of misdoing. i just think that its unfair on my part that i didnt do anything and they will terminate because of the mistake that they made on finance, i think that they are only doing this to show the upper management that they are doing something to rectify and i am being a victim of a witch hunting in our company.

these are the alleged violation that they said o committed:
Dishonesty
Committing act of forgery and/or fraud , or any attempt thereof which shall include but not limited to the ff:
1. any act of forgery
1 Misrepresentation to gain incentives or recognition either given by client or company. these include but not limited to emplpyee referral fees, performance incentives, awards and bonuses

and answered with these

• I didn’t forge any of the documents nor intervene with the hiring process
• I have no means of adding applicants name under my referral list
• I don’t have access to Payroll System or Incentive System to add those under my name
• I assumed that the bonus credited was mine since I also refer applicants

Nov 4 i received the termination paper, I tried to apply for a new job and i declared that i got dismissed because i dont want to lie and suffer the repercussion once they do the background check , I am on the final interview already but i failed because of it,. they said that they dont know if they can accept dismissed applicant. How can i find work if i will declare may previous emplotyer, i stayed there for 5 years.

Can i file illegal dismissal to my previous employer?.
My future depends on this. I cant find a new job because i was dismissed from the company that i worked for five years.. isnt it unfair on my end?

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HR Adviser


Reclusion Perpetua
Answer this questions first:

1. Did your bonus reflected in your payslip?
2. How many referrals did you make and how much is your bonus per referral?
3. How much is the difference between your expected bonus (considering you answer in number 2) and the actual bonus you received?
4. When did you know that the bonus is not for you?

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rd123456789


Arresto Menor
1. it did reflect on my payslip saying as referral bonus
2. i didnt track the numbers because i only asked my friends to come and have my employee id on the form, some of the applicants i dont know them personally because they were just people who my friends, relative knows.i have four referred applicants our incentive was 5k each and you will get it in two payments. the first payout was January 29, 2013 and i receive 5k and its taxable. i assume that some of my referrals past the application process so i thought it was my bonus for that cutoff, and i didnt bother to check as this is just a small amount compared to what im getting every month.
3. no difference
4. i was informed about it when they served the suspension notice which was October 4 2013

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rd123456789


Arresto Menor
i said in my explanation have i known that the bonus was mine i am willing to return it.Finance team didnt even go to me to tell me that i received a bonus by mistake, isnt it part of their process to validate each incentives that will come out and they should approve it first.

also part of the termination they asked me to return the money which will be deducted on my backpay.. why cant they just deduct it and not dismissed me instead.

theyre saying about trust and confidence issue because Im a Team Lead for operations, i am working for operations not with comp and ben or finance.. how can its an issue with trust and confidence.

Ive been with the company for 5 years and all my managers trust me with task bigger and outside of my job description. I just felt betrayed that after all the hardships ive done for the company with just that i was dismissed. we have on our Code of Conduct mitigating factors such as tenure with the company, contribution and background. as if they didnt check the things that ive done for the company. the new HR Management that we have right now seems to overlook this and just decide to end my employment.

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HR Adviser


Reclusion Perpetua
Then you have a basis for filing illegal dismissal. Since it is on your payslip and you know for a fact that you have made some referrals so basically, it is safe for you to assume that the bonus is yours. Their trust and confidence issue is baseless nor have they come up with an evidence to prove that you tried to forge nor commit fraud against the company. Forgery is faking signature in a document and fraud is deception deliberately practiced in order to secure unfair or unlawful gain. In your case, it should be the payroll in-charge who should be charge with negligence.

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attyLLL


moderator
i would argue that unless the company can show the falsified entries,and that you actually falsified them, you should not have been terminated.


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rd123456789


Arresto Menor
thanks, i will go to labor to file a case. Its hindering me from getting a new job as well because of my status with my previous employer.

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