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I AM BEING TERMINATED Cause I use the phone to call out SSS and Family ( Improper usage of company property )

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Neutral Ground


Arresto Menor
I'm working as a call center agent in a BPO Call Center for almost 3 years as a regular employee, My company is trying to terminate me cause of the grounds. Improper usage of company property, I have used the AVAYA phone ( Thats the phone we use taking calls at work ) to call My Wife cause my Kid is Sick and I have called SSS cause I'm trying file the loan since I need for my child. ( we have what we call a white phone that we can use to call out but its not working whenever I call a mobile phone and the sss no. so I have used the AVAYA. The company tracked it and gave me NTE (notice to explain as a Disciplinary Action ) which our account including Accoung manager and Operations Manager closed the case. After a few weeks. I was informed just recent that the HR will sanction me another Disciplinary Action as GROUP 3 Offence which is for Immediate termination. I don't think that my action is a terminable offence. Please I need advice and I need a representative from DOLE once theor If they Terminate me. I need my Job. Please I NEED HELP PLEASE NOTE.. The call out I made WAS NOT Habitual. I only did it when my son was sick to check up on him and call SSS for the loan I filed cause I need it for my child.

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council


Reclusion Perpetua
Neutral Ground wrote:I'm working as a call center agent in a BPO Call Center for almost 3 years as a regular employee, My company is trying to terminate me cause of the grounds. Improper usage of company property, I have used the AVAYA phone ( Thats the phone we use taking calls at work ) to call My Wife cause my Kid is Sick and I have called SSS cause I'm trying file the loan since I need for my child. ( we have what we call a white phone that we can use to call out but its not working whenever I call a mobile phone and the sss no. so I have used the AVAYA. The company tracked it and gave me NTE (notice to explain as a Disciplinary Action ) which our account including Accoung manager and Operations Manager closed the case. After a few weeks. I was informed just recent that the HR will sanction me another Disciplinary Action as GROUP 3 Offence which is for Immediate termination. I don't think that my action is a terminable offence. Please I need advice and I need a representative from DOLE once theor If they Terminate me. I need my Job. Please I NEED HELP PLEASE NOTE.. The call out I made WAS NOT Habitual. I only did it when my son was sick to check up on him and call SSS for the loan I filed cause I need it for my child.

What does your company policy handbook say?

Were you given the chance to explain and discuss in a hearing?

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Neutral Ground


Arresto Menor
There are 3 Groups of offence / Group 1 are light. e.g EOP, non- adherence or sleeping at work, Group 2. Absenteeism. Tardiness. etc. Group 3 offence are most severe like Sexual harrasment, mis representation of company for personal use for monetary. etc. I have read the policy and it only labels. Intial Warning, 1st written Final and termination. There is nothing indicated that on Group 3 offence I will be terminated on set with out prior warning cause its the most sever.

PLEASE NOTE.!

I was Given an NTE (notice to explain at firs indicating that its for Deciplinary ACTION ) NOT TERMINATION!. However my TL can NOT find the document now.

and Now HR is Saying I will be Given another NTE FOR ADMIN Hearing that can result to Termination.

Question CAN They Give me Another NTE cause they are saying the 1st that was serve is wrong?
and Can they still Issue a Disciplinary Action AFTER 5 days of the incident? Is it Valid?

I am still waiting for the Admin hearing.

If I will be Terminated Can this be filed as Illegal Termination? Thanks

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council


Reclusion Perpetua
Termination is also a disciplinary action in the legal sense. It's all a matter of wording.

If the original was wrongly served for any reason, then they can and should correct it to show the proper information.

Yes they can still issue you a notice even after 5 days or more after the incident, especially if they were still investigating the matter.

So far all parts of due process are being followed so I don't think our illegal dismissal case will prosper.

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Neutral Ground


Arresto Menor
But Can I atleast Appeal on the grounds for termination? Cause I dont think the ground I was put is not a grave offence for me to be terminated. In Technical aspect do I even have a chance of winning a case if I get Terminated? whats my best option?


Thanks

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council


Reclusion Perpetua
You only appeal after a decision is made.

I worked in a call center for many years and your action could be eventually terminable as it violates privacy and security policies among others.

The management has the prerogative to lower the penalty as it sees fit.

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jimbo


Arresto Menor
if you get to be terminated, Labor and NLRC may have different points of view. file a case...the grounds may be too unjust.labor may look for other merits like your years of service, the actual impact to the company like if there is a loss in terms of money, and even the weight of the reason which i find to be valid....

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jimbo


Arresto Menor
in he first place, the normal phone is unavailable, thus, you opted to use the avaya...it may be wrong but the penalty of termination is just too harsh

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stashracer


Arresto Menor
I agree that the penalty is too harsh. Rule of the thumb is that the penalty should be equal to the committed infraction. A decison based on the same merits cannot be aggravated at the will of the employer. This is elementary in Labor Law.

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jimbo


Arresto Menor
Directly, a client pays for the agent's seat in a call center setting... your TC's, OM's and other support staff have their share in the seat you're occupying. For 3 years, you can just imagine the amount you have contributed to the company only to be undermined by an infraction committed due to an unavoidable circumstance in caring for a sick child. I am no lawyer but I certainly know how to care. I do not condone to the offensive act but I surely know how to hear the reason of a working man.

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Neutral Ground


Arresto Menor
Thank you so much for all of your comments and your advice. I have already seek the advice of DOLE and below is thier response. again THANK YOU SO MUCH for this site atleast itput my mind at ease and helped me greatly can't express how much I am thankful, THNAKS

Below is the response of DOLE:


Note: Please do not reply to this email.


Good day!

The discipline of employees is part of management prerogative of the employer.
However, the exercise of such management prerogative should be made in good
faith, and with proper observance of due process. Due process entails not only
the right to notice and hearing but also that the charged offense should have
basis with a commensurate penalty to the same.

If the penalty is not commensurate with the offense as charged in
consideration of the circumstances surrounding the case, there may be a
violation of due process.

You may file a request for assistance under the Single ENtry Approach (SEnA)
program of DOLE with our Regional Office nearest the workplace for purposes of
conciliation-mediation. Kindly bring with you pertinent documents, if any, to
aid the Desk Officer in evaluating your complaint.

For list of our Regional Offices, their addresses and contact numbers kindly
visit this link http://www.dole.gov.ph/pages/quick_links

Thank you.

Legal Service, DOLE

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