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should a lawyer be hired for an administrative hearing in the office?

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MissCMV


Arresto Menor
hi everyone,

i just want to ask for advice and your input. my fiance is a call center trainer and his trainees reported him by taking things out of context and reporting whatever's convenient to support their case. they have all decided to collude against him out of spite because he issued them memos for attendance and performance issues. he has replied to his Notice to Explain for Gross Negligence already. looks like the company doesn't believe his explanations because he was now summoned for an administrative hearing for next week.

the problem is, he is alone in this because his trainees are ganging up on him and have decided to lie just to get him fired. does he need to bring a lawyer with him sa administrative hearing nya next week?

ang concern namin, we don't know any labor lawyers and we are concerned about the costs. Sad

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council


Reclusion Perpetua
MissCMV wrote:hi everyone,

i just want to ask for advice and your input. my fiance is a call center trainer and his trainees reported him by taking things out of context and reporting whatever's convenient to support their case. they have all decided to collude against him out of spite because he issued them memos for attendance and performance issues. he has replied to his Notice to Explain for Gross Negligence already. looks like the company doesn't believe his explanations because he was now summoned for an administrative hearing for next week.

the problem is, he is alone in this because his trainees are ganging up on him and have decided to lie just to get him fired. does he need to bring a lawyer with him sa administrative hearing nya next week?

ang concern namin, we don't know any labor lawyers and we are concerned about the costs. Sad

The administrative hearing is a requirement of due process to clarify details, ask questions and understand his situation further.

This does not mean that the company does not believe him.

He may wish to bring a lawyer (though not necessary) to give him advice - but generally they are not allowed to "defend" or speak during the hearing.

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MissCMV


Arresto Menor
thanks for your reply.

based on the wording kasi ng NTE, parang ang dating ay magakaka-admin hearing lang daw if di sufficient yung reply dun sa NTE.

by the way, is there a way a challenge the decision if they decide to dismiss him? what are the steps?

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Reclusion Perpetua
MissCMV wrote:thanks for your reply.

based on the wording kasi ng NTE, parang ang dating ay magakaka-admin hearing lang daw if di sufficient yung reply dun sa NTE.

by the way, is there a way a challenge the decision if they decide to dismiss him? what are the steps?

"Parang" lang naman -- so pwedeng iba lang ang dating sa inyo.

Check company policy on procedures that can be taken after the decision. If there are any, then follow them. If none, then your recourse is to file a complaint with DOLE/NLRC. But you need to prove that they were wrong.

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MissCMV


Arresto Menor
hi. just to update. tapos na yung administrative hearing and my fiance felt that he was not given an opportunity to be heard because they kept interrupting him when he was trying to explain his side. it was obvious that the hearing was just a formality. they said that they will give the decision tonight.

my fiance feels that the decision will be dismissal/termination. is it possible for my fiance not to accept the notice if he disagrees with it? there is nothing in their handbook about contesting/appealing decisions.

i also saw somewhere in the labor law that employers are required to send the notice to the last known address of the employee and must report it to DOLE.

if my fiance refuses to accept the notice of dismissal, can he still continue going to work?

thanks you for your advice.

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Reclusion Perpetua
MissCMV wrote:hi. just to update. tapos na yung administrative hearing and my fiance felt that he was not given an opportunity to be heard because they kept interrupting him when he was trying to explain his side. it was obvious that the hearing was just a formality. they said that they will give the decision tonight.

my fiance feels that the decision will be dismissal/termination. is it possible for my fiance not to accept the notice if he disagrees with it? there is nothing in their handbook about contesting/appealing decisions.

i also saw somewhere in the labor law that employers are required to send the notice to the last known address of the employee and must report it to DOLE.

if my fiance refuses to accept the notice of dismissal, can he still continue going to work?

thanks you for your advice.

If he does not accept the decision then it will be mailed to his residence.

No, he cannot continue going to work since the decision has been made. Besides, he won't be allowed to enter either, and his credentials will be removed.

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MissCMV


Arresto Menor
if ever, would it be better to receive it and put a "under protest" note or refuse it outright and just wait for the mailed copy? from what he has seen kasi, if may ganun sa company nila, pinapa-receive dun sa katabi na officemate "in behalf" DAW.

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Reclusion Perpetua
MissCMV wrote:if ever, would it be better to receive it and put a "under protest" note or refuse it outright and just wait for the mailed copy? from what he has seen kasi, if may ganun sa company nila, pinapa-receive dun sa katabi na officemate "in behalf" DAW.

Pwedeng kumuha ng witness sila o kayo para sabihing "refused to receive" - then ipapa-mail na dapat.

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MissCMV


Arresto Menor
pero alin ang mas advisable para sa employee? yung ireceive nya pero lagyan ng notation na "received under protest" or hindi nya tanggapin at kumuha yung company ng witness na refused to receive tapos ime-mail?

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