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Constructive Dismissal? (Supervisor at a BPO)

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1 Constructive Dismissal? (Supervisor at a BPO) on Wed Mar 04, 2015 7:15 pm

thedietplan


Arresto Menor
Hello everyone!

Thank you for reading this in advance... I believe I am in a rut as of the moment- & in need of help... Here's what happened:

I was placed under preventive suspension for "allegedly altering attendance records of several agents under my bucket (2 instances in a 4 month period)"

The alleged infractions are as follows:

1.) Grave Dishonesty
2.) Theft, Falsification or unauthorized alteration of personnel or Company records and/or using said falsified records for personal gain or benefit
3.) Acts tending to cause loss of trust of the management (and / or the client) in the employee or the company

Facts:
1.) Me and my partner team lead were both suspended for altering records
2.) I accidentally tagged 1 agent as "Present" instead of absent
3.) I accidentally tagged 1 agent as 4 hours late instead of 5 hours
(I was given over 20 agents at that time and at the same time, handling a site transition which required me to walk from one site to another which is about 10 minutes from point A to point B)
4.) I received a notice to explain last February 28, 2015 and that the NTE given to me (upon staring at it for a few days) included irregularities such as screenshots not matching the actual "complaint" (but is near the topic)
5.*) My OM went ahead and performed a Focus Group Discussion with the presence of an HR Personnel with the 2 teams I am handling on the very same day and informed them that I was placed on preventive suspension due to altering records - The original intent of the FGD was to ask if there's anything they would like to raise while I am away but the conversation seemed to be controlled in a way that the main purpose was to draw dirt from us (and if they were to raise anything else, the OM would then drive the conversation back to "alam na natin yun, e may problema ka ba sa TL mo".) - I am happy to say however that no one mentioned anything (& they even defended me saying I would not deliberately do so)-He also mentioned that the 2 agents (whom were the basis of said alteration) come clean or that they would be "accessories to the crime". Both agent denied knowing (because it was an accident)
6.*) When the agents under my bucket asked if I would be able to return, he said "most probably not anymore" and when asked for how long would I be suspended, he told them "minimum of 30 days"
7.*) The next work day (March 2), OM then started to interview some of the agents I've been grooming to become a supervisor in the future so as to replace me.. When they said that it would be better to wait if I am absolved or not, he said "30 days is a very long time so we have to get a replacement".
8.) I offered to answer the NTE right then and there by the way even if it would mean writing my explanation down on a piece of paper but the HR personnel mentioned it would be better to simply email it to her to which I agreed... only to find out my email (and all my tools and etc) were already locked (I can always use my personal email anyway).
8.) I have an administrative hearing tomorrow (March 5, 2015)
9.) I am probationary (4 months in)
*****5,6,7 were all based on agents informing me of what happened during my preventive suspension

Am I constructively being terminated because
1.) apparently, the OM already went ahead and said I committed a "crime" even before the due process
2.) he told the agents of the alleged infraction thereby making them lose confidence in me
3.) is already finding a replacement
4.) Told one of my agents during the interview to find a replacement "Bakit indi ikaw ang favorite nya, looking at your stats ikaw dapat ang favorite nya" - I guess as a means to drive loyalty away from me
5.) saying I would no longer probably come back

Supposing I was indeed terminated due to the infractions (I attest that those 2 instances were mere accidents), should I file a case in NLRC because I was already terminated in their mind even before the proceeding (& is already finding a replacement for the 2 of us)?

Supposing I was acquitted, is it only proper that I go back? considering that there wouldn't be anything left for me to build on? (the OM seems to be dismantling the trust the agents have in me by saying what was the alleged infraction and also driving loyalty away from me?)

Thank you po sa lahat ng tulong and marami talagang salamat.. I am at my lowest and I don't know what to do...



Last edited by thedietplan on Wed Mar 04, 2015 7:23 pm; edited 1 time in total (Reason for editing : inclusion of 9- probabtionary)

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council


Reclusion Perpetua
You're proby so most likely even if you successfully argue your case for dishonesty, falsification etc, you might not be regularized anyway.

you may file for constructive dismissal if you have all evidence or witness statements otherwise it will come out as a "he said - she said" discussion.

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thedietplan


Arresto Menor
Naku.. Thank you po ng marami!!!!!!

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macario24


Arresto Menor
Ask ko lan po if for almost 10 months emergency hired ka po then suddenly bgla sasabhin na end of contract ka na, na walang pasabi kinabukasan ndi ka na pinapasok katwiran kc ndi kumpleto requirements mo, for ten months walang absent then puro pa overtime kc kulang ng tao, tama po ba to atty? And ndi na pinasweldo ng isang bwan.

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macario24


Arresto Menor
Hindi po kaya ilegal un ginawa nila sa tao? Pinagtrabaho na walang kontrata tapos bago pa tinanggal ndi na pinasweldo ng isang bwan?

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