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Preventive Suspension

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1 Preventive Suspension on Mon Sep 20, 2010 4:58 pm

choloboi


Arresto Menor
Hi I just wanna ask for legal advice, Im a call center agent and i was on preventive suspension, My stupid Team Captain Accused me of something that i did not do, "Call Avoidance",We had an Admin Hearing regarding this matter even the HR Representative doesn't agree on her side, that issue should have lead into a Q.A coaching, Upon receiving the Due process form from My Stupid Team Captain I Suffered so much humiliation from her She told me to "Pack up my things in front of My Team mates and My Stupid Team Captain call a Security Guard and let me ESCORTED outside the production floor area" As if i did a crime, last two days ago she gave me a memo and the decision that Im suspended for 10 days w/o pay,I just cant accept the decision because i did not do anything wrong. what should i do???she even wanted me to be part of her team again when i get back,Can I sue her for the Moral Damaged that she did to me???And I want her to be terminated coz she is POWER TRIPPING to most of her agent...

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2 Re: Preventive Suspension on Mon Sep 20, 2010 5:53 pm

attyLLL


moderator
are you suspended as a punishment or are you under preventive suspension?

what is the proof presented that you were avoiding calls? have you been dropping calls?

were you given a notice to explain; did you submit your explanation? were you given a notice of the decision and the punishment?

i can understand you're being angry, but i'm not too sure if a case of damages against your TL will prosper because she was acting in her official capacity.

If you really wish to question the validity of your suspension, the proper recourse is to file a complaint at NLRC for illegal suspension.

after a suspension, it is your right to go back to your previous position. if you don't go back, you will be deemed to have abandoned it. you can request a transfer, but it is their discretion.


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3 Re: Preventive Suspension on Mon Sep 20, 2010 6:29 pm

choloboi


Arresto Menor
there is a recording of the actual call but,she did let me hear the calls.
the 1st call is a transferred call,i did the process of transferring the call and it went successfully i even documented the call properly.beyond that im no longer knowledgeable if the call got disconnected or not, the thing is even if u did a transferred call successfully the hang up side will always be in the Agent and all the QA's and Hr reps. agree to that upon reviewing the call,the second call was totaly no voice at all there is no voice on my side and on the customer's side not even a single sound u can hear,so there is no interaction between me and the customer, i told them that there could be a glitched on the system. After i gave them my explanation we did an admin. hearing, A day after my Team Captain contacted me and gave me the memo that im suspended for 10 days w/o a pay, I jst cant believed that they made that decision right away with out a proof that i really did the call avoidance, As if i really violated their policy and I never had an issue regarding that ever since i got hired and endorsed to the production floor, And can I sue her for the MORAL DAMAGED that she did to me????

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4 Re: Preventive Suspension on Mon Sep 20, 2010 7:37 pm

attyLLL


moderator
so there was no written notice to explain and you were not given an opportunity to submit a written statement? unfortunately, the implementing rules of the labor code does not directly state that this is necessary in cases of suspension.

nevertheless, i still believe your remedy is to file a complaint at nlrc for illegal suspension and you can seek moral damages against the company. add your team capt as a respondent.

i must say again, after the suspension is done, you will have to go back to work under her.


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5 Re: Preventive Suspension on Mon Sep 20, 2010 7:54 pm

choloboi


Arresto Menor
do i have a choice to choose under different team or team captain???And how long will it take if i file a case against my Team Captain, Is there a chance of winning the case???

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6 Re: Preventive Suspension on Mon Sep 20, 2010 9:25 pm

attyLLL


moderator
you don't have a right to choose. that's a management prerogative. but you can certainly request for a transfer.

you lose sight that it was the company who suspended you, not just your team captain.

if the company is unable to substantially prove the basis for suspension, then you will win the case.


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7 Re: Preventive Suspension Today at 6:18 pm

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