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Termination due to serious misconduct

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1 Termination due to serious misconduct on Wed Oct 29, 2014 1:29 am

Kurtvdinglasan


Arresto Menor
Just wanted to ask what should i do because i feel that i was given an unfair decision. I was accused of using illegal drugs (shabu). Incident was, i was rushed to st. Lukes bgc due to prostatitis on oct 3. Oct 4 i asked my brother to get my things in the office. Its a paperbag with a box of shoes, shoes and a face towel. The paperbag is placed just on top of the lockers. What the security did in the office was they itemized the things inside the paperbag and inside the shoes they found a sunglass case with what they said they found several plastic items that looked like drug. (Shabu). And they have turned it over to the police authorities. We had a hearing regarding the issue and explained to them that what they found inside my shoes are not mine. I was asking them to provide proof that it is mine since the paperbag is exposed to anybody. I was given an NTE which i did not submit because during the hearing, i informed the panel that i dont need to explain anything because the seized item is not mine. I told them that i could write down what i just said and they said that its fine and that to keep it for myself as a copy. I was given the decision october 27. And it is indicated on the letter that i failed to submit my written explanation wherein the panel refused to take it right after our hearing last oct. 15. Hope to have a legal advice asap. Thanks.

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2 Re: Termination due to serious misconduct on Wed Oct 29, 2014 3:59 am

joycejimibayrante


Arresto Mayor
Kurtvdinglasan wrote:Just wanted to ask what should i do because i feel that i was given an unfair decision. I was accused of using illegal drugs (shabu). Incident was, i was rushed to st. Lukes bgc due to prostatitis on oct 3. Oct 4 i asked my brother to get my things in the office. Its a paperbag with a box of shoes, shoes and a face towel. The paperbag is placed just on top of the lockers. What the security did in the office was they itemized the things inside the paperbag and inside the shoes they found a sunglass case with what they said they found several plastic items that looked like drug. (Shabu). And they have turned it over to the police authorities. We had a hearing regarding the issue and explained to them that what they found inside my shoes are not mine. I was asking them to provide proof that it is mine since the paperbag is exposed to anybody. I was given an NTE which i did not submit because during the hearing, i informed the panel that i dont need to explain anything because the seized item is not mine. I told them that i could write down what i just said and they said that its fine and that to keep it for myself as a copy. I was given the decision october 27. And it is indicated on the letter that i failed to submit my written explanation wherein the panel refused to take it right after our hearing last oct. 15. Hope to have a legal advice asap. Thanks.

First and foremost, I am not a lawyer.
Based on your story, i suggest the ff.
1. file a grievance to your HR regarding that decision
2.take this opportunity to write a letter to defend your innocence or to hear your side. Provide concrete evidences that the shabu is not yours.
3. In your letter, indicate that you disagree on the memo given to you. Also, request for another grievance hearing.
4. In your letter, indicate that you request your security guard, and your company to provide concrete proof that you put your shabu in that claimed bag (anyways, did you admit that it was your bag?). The burden is on them to provide concrete proof. The bag itself, if claimed and admitted that yours is not a proof you have as well the shabu in it. The burden to prove that the shabu is yours is on them - challenge them to provide cctv to prove that you have that shabu and you knew about it, challenge the guard if he enlisted/logged all the contents in the bag prior to itemization etc. There are loop holes on proving that the shabu is yours. If they have proofs, then you are in trouble. Smile

Your burden is to prove that the shabu in the bag is not yours.

If they won't accept your grievance letter, and still implement their decision; then let them be. Wait for the memo, then you can escalate to NLRC. IN NLRC you can challenge their due processes (this is assuming you were not terminated nor you didnt resign)

TIP: If you decided to resign, you can file for CONSTRUCTIVE DISMISSAL. The resignation letter is a powerful evidence to indicate all your angst and grudges about your management, and company. be specific on things you indicate here. Make sure you have all evidences. In court, evidences matter most.

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3 Re: Termination due to serious misconduct on Wed Oct 29, 2014 4:44 am

Kurtvdinglasan


Arresto Menor
I did not plan to resign honestly coz i was hoping that i would be able to keep the job i had. And the culture of the company is really ok. After hearing i was expecting that i am not going to be terminated. I also thought that they would spot drug test me and i really am very willing to have those tests pero wala e. One of the panel also mentioned na from the time i brought the paperbag daw inside the office e the sunglass case daw was already spotted through our security scanner prior to entering the bldg. i asked them y i was not approached right away? Thanks for the reply. Hope get more options so i can come up with a legal action. Do i really have to go thru nlrc? Can i not file it directly to DOLE?

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4 Re: Termination due to serious misconduct on Fri Oct 31, 2014 10:24 am

attyLLL


moderator
Was it proven that it was shabu? is there a certificate of analysis from the pnp? or is everyone just assuming that it was? If there is, then I'm afraid the odds are stacked against you.


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5 Re: Termination due to serious misconduct on Sun Nov 02, 2014 2:17 am

Kurtvdinglasan


Arresto Menor
As per the notice i received it was stated that yes it was found positive for shabu. My concern is that it is not mine. The place where they found it is exposed. Meaning anybody could have put that in my things. Is this a dead end for me? Thanks.

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6 Re: Termination due to serious misconduct on Tue Nov 04, 2014 9:59 am

attyLLL


moderator
well, that's the notice. perhaps they are just assuming what it is. i'm surprised the police have not take action if the substance was analyzed and proven to be shabu. Questioning the the nature of that substance would be the first line of defense. It's their burden to prove what the stuff is.


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7 Re: Termination due to serious misconduct on Tue Nov 04, 2014 11:57 am

Kurtvdinglasan


Arresto Menor
So. I cannot file a complaint against the company?

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8 Re: Termination due to serious misconduct on Sat Nov 08, 2014 11:28 am

attyLLL


moderator
yes, you can file a complaint. i just suggest that you don't concede that what was there was shabu in the first place.


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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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9 Re: Termination due to serious misconduct on Sat Nov 08, 2014 11:55 am

Kurtvdinglasan


Arresto Menor
Thanks.

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