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Loss Of Trust and Confience

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1 Loss Of Trust and Confience on Fri Oct 08, 2010 3:54 pm

pandabear


Arresto Menor
Good day attorney. I am so happy that you are diligently providing free legal advice to the people posting at your website. I have been looking for something much like your website for the last 3 days now.

I will try to keep my story short. I have been working for a BPO company for the last 3-4 years. During this time, I have incurred several memos which are of different cases under behavior. I have been penalized for all of them and these memos have already expired. A few days back I recieve again another memo for a minor offense however, the letter fully details previous infractions I have committed in the company for the last year and now has resulted in "Loss of Trust and Confidence" which I know is a terminable offense as I have seen alot of employees dismissed with this case. My questions are...

1. is it fair for a company to issue a Notice to Explain and then give a written warning to the employee after expalining during the admin hearing to the Legal adn Compliance leader that the previous offenses you were being charged for were a mistake.

2. is it fair to double jeopardize me with numerous past offenses which have already been penalized?

3. is it legal to terminate my employment due to a minor offense such as being late? If so is it legal to include past ofense which I have already been penalized for?

4. What legal actions can I take if they were to continue with the final memo's case? Would I have the option to resign instead?

I would appreciated your response attorney.

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2 Re: Loss Of Trust and Confience on Fri Oct 08, 2010 8:41 pm

attyLLL


moderator
for there to be a loss of trust and confidence, you must first be occupying a position where you are in a managerial position (supervisor or manager) or you are entrusted with property of the company. then there has to be a clear breach of that trust reposed in you. what is your position?

1) who explained that it was a mistake, you? it depends on what the circumstances were.

2) it's not really double jeopardy (which applies to criminal cases only), you were previously penalized for previous individual offenses, but the company is allowed to assess the totality of your offenses in determining the fitness of your continued employment. normally, this is more about gross and habitual neglect, not loss of trust and confidence.

3) List down your offenses and we'll see. for being late once, no. if in combination with other offenses, possible.

4) they would love it if you resign. they can argue that it was you who terminated the employment relationship, not them. regardless of what the reason given, you have the right to question the termination at the nlrc. just note this vs. your desire to escape being fired.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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3 Re: Loss Of Trust and Confience on Fri Oct 08, 2010 10:54 pm

pandabear


Arresto Menor
Thank you for the clarification attorney. Yes I am in a managerial position. I have been since I was hired for the company. to answer and ask further questions below are my responses.

1. I have written and responded to the notices that were given to name a few a) Failure to meet quality standards - the memo issued has expired and I was never issued anything else of similar grounds, b) Unliquidated corp card charges - issue expired and I was never again issued any memo based on similar charges; with this I have taken full responsibility of the charges on my corporate credit card which was disrespectfully used by my ex-boyfriend (that is why he is an ex) last 2009 we have come to a mutual agreement that the charges be deducted from my salary however, it has never taken effect as I have no idea what our finance office did and how the proceedure would go. I have asked for a copy of the charges because i could no longer remember them due to the lenght of time that has passed. Now the charges are still not taken from my salary. Is it right for them to blame me for the negligence of another department to process the deduction of the charges from my salary? now they are saying that I have again unliquidated charges which I would like to object to because I, after that incident has cut the card in half and thrown it away, aside from that I also have not received any details as to what the charges are. c) an absence which was duly reported to my supervisor and now he is saying that I should have informed him about my absence 3 hours prior to the start of shift. I have been moved from one manager to another because my previous managers kept on resigning.There is no discussion nor formal written document stating that absences should be reported 3 hours before the scheduled time of work. I work at a flexible time which is stated in my contract as well. I believe my manager has now charged me with 3 situations which will be a case of her word against mine. What I was thinking though is that she never not even once spoke to me regarding her expectations such as schedule, and time of work. With my previous managers these have been clearly communicated as it is a company policy and common practice to communicate to subordinates the expectations of the manager such as schedule and internal arrangement of reporting an absence or of notice of being late.

2) is gross negligence a greater offense that loss of trust and confidence? how can this be so when my previous infractions are of different nature and have only occured once? to clarify, I was charged once for Failing to meet quality standards, once for the charges and once for not reporting an absence 3 hour before which was never communcited to me nor in any written documentation?

3) If I stay then I would be terminated. Which means the way I understood it is me being flagged for future employment. If I resign and they accept it how will this benefit them?

I tried my very best to compress the whole situation and be as clear as possible attorney. I would really want to fight the management however I need to know if I have enough reason to do so. I appreciate your immediate response

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4 Re: Loss Of Trust and Confience on Sat Oct 09, 2010 10:47 am

attyLLL


moderator
employers fear illegal dismissal cases because they are difficult to win for them. if you resign then employers will have it easier in case you file an illegal dismissal later on.

gross AND HABITUAL negligence and loss of trust and confidence are equally just causes for termination, the latter being given wider latitude to the employer when assessing a managerial employee.

were you given 5 days to answer the NTE? did you file your explanation already? i recommend that you get help from a lawyer, or here's a thread how to bluff that you have one:

http://www.pinoylawyer.org/labor-and-employment-f20/help-urgent-t2213.htm


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: Loss Of Trust and Confience on Sat Oct 09, 2010 4:35 pm

pandabear


Arresto Menor
no i have not responded as it still gives me time to say what i have to say. i have not filed for resignation yet, i would like to weigh my option and you have guided and answered my queries atty. i have been scouting for a lawyer since I have read all your responses to other posts. in your judgement are those cases valid against me? even though they were suppose to behavior problems that have never recurred? thank you very much I really appreciate it.

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6 Re: Loss Of Trust and Confience on Sun Oct 10, 2010 12:47 pm

attyLLL


moderator
my real worry for you are these credit card purchases. i hope you have documentation such as emails that you authorized them to deduct from your salary.

you should be able to point to your contract regarding the flexible works schedule.

make sure you send an explanation and attend all hearings.

i don't recommend you resign. what i do for my clients is to show that they are ready to file an illegal dismissal case if they are terminated. many, many times this has deterred termination. the 'bluff' in the explanation has saved many in your situation and walked away with just warnings and suspensions.

if they actually terminate you, you can then bargain to resign instead if filing an illegal dismissal case is not your intention. no guarantee though so see this as a risk.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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7 Re: Loss Of Trust and Confience on Sun Oct 10, 2010 12:55 pm

pandabear


Arresto Menor
yes attorney these emails are with me,I have them documented however, the finance department is not doing their job nor informing me of how the proceedure will go as per my salary deduction and I am waiting on it as well.

My company has a global policy of no retaliation. I believe the reason why they are putting up all these charges against me is because of other mangers' "crab mentality"

I would love to solicit your services if you can accommodate me.. Even only to a point of bluffing.

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