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Suspension/Forced Resignation

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1 Suspension/Forced Resignation on Fri Apr 04, 2014 2:45 pm

kurog


Arresto Menor
Hi attys,

I have a colleague, she was just served a 30 day suspension. No due process was given.

Here's what happened;

A week or two ago, My colleague was seen by our boss (I won't say 'caught' kase it's legal naman in our office) chatting with an ex-colleague via Skype. We believe that our boss was spying on her chat conversations via a secret program installed on her computer. Kase the whole time na nagchachat sila e hindi man lang lumapit yung boss namin sa kaniya. Meaning the only way na mababasa ng boss namin yung conversation nila is through a spying software.

The conversation only consisted of one message from each party.

Ex-colleague: "Bakit nakasara yung isa ninyong market?" (We work in an online casino catering different markets. And by market, we mean country)

Colleague: "Ha? Bakit? Okay naman dito sa end namin ah."

That's it. Then she received a message from our boss telling her not to communicate with ex-employees anymore.

Akala namin yun lang yun. She did't do anything wrong. That was the first and last time she talked to that ex-colleague.

Then just a couple of hours ago, she was called by our HR manager, was asked to sign a notice of 30-day suspension, and was sent home without completing her shift. The reason for the suspension is because allegedly, she was divulging sensitive information to an ex-employee who happened to be working now for a rival company. She was also told to submit a written explanation with 48 hours and was told that if she doesn't resign within 30 days, she will be terminated.

My questions are:

1. Is the suspension given to her legal? No due process was given. She wasn't asked to explain her side before being served the suspension.

2. If she gets terminated, what legal actions can she take?

3. As early as now, what legal actions can she take?

4. Is it legal for an employer to spy on private chat conversations.

More questions might arise depending on the answers I will receive from you.

Thanks and I hope someone could help us out.

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2 Re: Suspension/Forced Resignation on Fri Apr 04, 2014 3:06 pm

council


Reclusion Perpetua
kurog wrote:
My questions are:

1. Is the suspension given to her legal? No due process was given. She wasn't asked to explain her side before being served the suspension.

2. If she gets terminated, what legal actions can she take?

3. As early as now, what legal actions can she take?

4. Is it legal for an employer to spy on private chat conversations.

More questions might arise depending on the answers I will receive from you.

Thanks and I hope someone could help us out.

1. In the memo, is the word "preventive" indicated (as in preventive suspension)? If it is a preventive suspension, then it is valid. No need for an explanation yet as she was given a few days to reply. However she is entitled to 5 days, not 48 hours, to reply.

2. If she is terminated without due process, then she can file for illegal dismissal.

3. If she has enough valid documentation, she can file for illegal suspension already.

4. The employer is within his/their right to monitor all conversations including email and chat as they are part of company property  and equipment.

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3 Re: Suspension/Forced Resignation on Fri Apr 04, 2014 3:08 pm

council


Reclusion Perpetua
kurog wrote:She was also told to submit a written explanation with 48 hours and was told that if she doesn't resign within 30 days, she will be terminated.

Assuming this is true, and she has evidence to back up the claim, then she can file for constructive dismissal.

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