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PLACED UNDER PREVENTIVE SUSPENSION

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1 PLACED UNDER PREVENTIVE SUSPENSION on Fri Apr 10, 2015 1:01 pm

edwayne19


Arresto Menor
Hi, I was recently placed under 30 days preventive suspension out of not work related issues with another employee. A confrontation happened, (i grabbed his collar) outside the office premises and outside the working hours.

The company issued me notice to explained which I've answered in returned which they again responded thru writing and I again replied.

They have sent a lawyer to ask me if there's anything i still want to add and also to show them the print screen of Facebook posts that I have on hand as my proof of evidence why I confronted my colleague.

I told the lawyer I have said what I have said and whatever i have written is written and I will not repeat myself. My position letter explains everything what I wanted to say. Whatever evidence I have against my colleague, its something that i have to present in a proper quorum which is under the court of law, since my colleague is saying of filing a charges against me.

Two days after, I get letter of preventive suspension for 30 days, saying that " the nature and gravity of the offense charged and the sensitivity of the nature of the work I'm occupying is a position of trust and confidence that gives me access to confidential information". Also, "when the person or employee's continued employment or presence would pose a serious or imminent threat to the life or property of the company and/or his co-workers, or when his/her continued presence would affect, impede or prevent an effect investigation of an incident or offense.

I have consulted a lawyer already and told me that my company has the right to put me under preventive suspension maximum of 30 days. But looking at the gravity of the suspension, is this righgtful? I would appreciate your advises. Thank you.

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2 Re: PLACED UNDER PREVENTIVE SUSPENSION on Fri Apr 10, 2015 2:32 pm

council


Reclusion Perpetua
edwayne19 wrote:
I have consulted a lawyer already and told me that my company has the right to put me under preventive suspension maximum of 30 days. But looking at the gravity of the suspension, is this righgtful? I would appreciate your advises. Thank you.

You admit you grabbed the other person's collar, so that could lead to further physical violence, and it is possible that you might do it in the office, to the same employee or others.

This type of conduct, even outside of the workplace, may be a terminable offense.

Yes the company correct in putting you under PS, and the lawyer confirms it.

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3 Re: PLACED UNDER PREVENTIVE SUSPENSION on Sat Apr 11, 2015 4:20 pm

edwayne19


Arresto Menor
so if i understand you see my case as work related?

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4 Re: PLACED UNDER PREVENTIVE SUSPENSION on Sat Apr 11, 2015 4:38 pm

council


Reclusion Perpetua
edwayne19 wrote:so if i understand you see my case as work related?

it might not be work-related, but physical violence in any form can be grounds for the company to protect itself and put you under PS.

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5 Re: PLACED UNDER PREVENTIVE SUSPENSION on Sat Apr 11, 2015 6:14 pm

edwayne19


Arresto Menor
i have consulted other legal expert and have different view about these. am really confused. anyway i will wait till the 30 day maximum PS ends and see from there. thank you.

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6 Re: PLACED UNDER PREVENTIVE SUSPENSION on Sat Apr 11, 2015 6:47 pm

council


Reclusion Perpetua
edwayne19 wrote:i have consulted other legal expert and have different view about these. am really confused. anyway i will wait till the 30 day maximum PS ends and see from there. thank you.

If you think you have been unjustly suspended, then you could file a complaint for illegal suspension.

Win or lose, you may want to look for other employment because you (and your employer) may not feel comfortable working together anymore.

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7 Re: PLACED UNDER PREVENTIVE SUSPENSION on Sat Apr 11, 2015 6:49 pm

council


Reclusion Perpetua
edwayne19 wrote:i have consulted other legal expert and have different view about these. am really confused. anyway i will wait till the 30 day maximum PS ends and see from there. thank you.

Worse case for you is, if you think it is not work-related, that you may face civil and criminal cases for assault and/or unjust vexation for the possibly unwanted or unnecessary physical contact.

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8 Re: PLACED UNDER PREVENTIVE SUSPENSION on Sun Apr 12, 2015 10:55 am

edwayne19


Arresto Menor
i appreciate your thought about these. thank you so much.

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9 SALARY ON HOLD on Wed Apr 15, 2015 7:01 pm

edwayne19


Arresto Menor
Is it lawful to hold salary of an employee under preventive suspension?
We have a cut-off like 11-25 payout every 30th and 26-10 payout every 15th of every month. Preventive suspension was served on the 9th of the month. Is it valid not to pay my salary though I still have days worked prior to suspension?

I will appreciate any advise. Thanks.

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10 Re: PLACED UNDER PREVENTIVE SUSPENSION on Wed Apr 15, 2015 7:38 pm

council


Reclusion Perpetua
edwayne19 wrote:Is it lawful to hold salary of an employee under preventive suspension?
We have a cut-off like 11-25 payout every 30th and 26-10 payout every 15th of every month. Preventive suspension was served on the 9th of the month. Is it valid not to pay my salary though I still have days worked prior to suspension?

I will appreciate any advise. Thanks.

The PS period is usually unpaid, but you should be paid for the days before.

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11 SALARY ON HOLD on Thu Apr 16, 2015 10:41 am

edwayne19


Arresto Menor
What legal actions can I do if they didn't pay the days i have worked prior to suspension?

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12 Re: PLACED UNDER PREVENTIVE SUSPENSION on Thu Apr 16, 2015 2:20 pm

council


Reclusion Perpetua
edwayne19 wrote:What legal actions can I do if they didn't pay the days i have worked prior to suspension?

You can complain to DOLE/NLRC for non-payment of wages.

But you should ask the company first.

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