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1 ILLEGAL SUSPENSION on Thu Mar 27, 2014 1:15 pm


Arresto Menor
This is to establish the chain of events that transpired from the time that I was asked to process our legal transaction for our project leading to my immediate supervisor’s decision to suspend me and asked me to no longer report back to work.

It all started on September 24, 2013 (Friday) when I was asked to process documents for our project. Since this is a rush request, I have the option to take a cab to finish all the work on time. All in all, I had to ride a cab 3 times: (1) from our office going to Taguig City Hall to get tax clearance, (2) to get payment assessment in Registry of Deed and (3) to get certified true copy of title in Makati City Hall. I used my own money to pay for the fare which gives me the right to reimburse later on.

Unfortunately due to busy schedule, I was able to file for reimbursement only on October 22, 2013 (Tuesday) when I had the chance to look at my documents. I submitted my reimbursement claim to my supervisor for the usual approval process and after a couple of minutes, I was asked to go to his office to explain an error in my claim. It turned out that I attached 2 successive receipts numbers from the same cab driver and I wasn’t able to arrange the receipts in proper chronological order based on time. Just because it’s been a month from the time I had those receipts, I can no longer remember why I have those kinds of receipts, so I wasn’t able to justify right there and then what transpired.

The following day (October 23, 2013) my officemate told me that my supervisor talked to her to inform me to file my resignation immediately. Realizing that it could be because of what happened yesterday, I went back to all my files and looked for receipts with the same date as September 24th hoping that I have the proper receipt that I overlooked. After which, I went to his office to present another receipt and explained that it was the right one. Accidentally, one of the cab drivers gave me two receipts with successive receipt numbers which I mistakenly attached in my reimbursement.

He still insisted his point that I was being dishonest and I did it intentionally. He then ordered me to resign, of which I did not agree to, and maintained his stand by informing me that I am suspended from October 24 to November 4, 2013.

I have been with the company for more than 6 years now and I have not been in any form of disciplinary action in the past. There have been lots of times wherein I opted not to reimburse some of my expenses during my official travel given their minimal amount. This is the first time that I had an error in my reimbursements and I am willing to cooperate in any form of investigation as needed. Not to brag at all Ma’am/Sir, but just like you, I won’t risk my name, reputation and good records for a mere Php 100 cab fare.Also, I believe my immediate supervisor’s order for me to resign and my suspension is truly uncalled-for. Everything was verbal, no memo, and most especially not following proper employee disciplinary procedure. I am not very knowledgeable about labor laws but I believe there is a due process in terminating an employee that requires the employee be given the benefit of the so called twin notice and hearing. That I should have been given the chance to explain through an Order to Show Cause or Notice to Explain (NTE) and that a formal investigation or hearing should have been conducted that will lead to the decision. In my case, all of these processes were not followed and I was simply pressured to no longer report back to work.

I believe that when such incident happens in a professional environment, the issue should be kept between the people involved. Instead of talking to me directly, he had to use another employee to relay his decision which could create pre-judgment on my behalf in the entire office.

Can I file a complaint to DOLE against my boss? What are my chances? Thanks

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2 Re: ILLEGAL SUSPENSION on Tue Apr 01, 2014 2:46 pm


Arresto Menor
A Termination to be valid should be in compliance with

1. Procedural due Process - 2 notice rule
2. Substantive Due Process - there should be just or authorized cause...

You may file a case of ILLEGAL TERMINATION AGAINST your employer... Anyway, NLRC, will invie you to a MANDATORY CONFERENCE.. for a possible settlement.

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