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30 day suspension

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1 30 day suspension on Fri Dec 17, 2010 2:56 am

siriusblack19


Arresto Menor
Good evening po sa lahat! Gusto ko lg po i-share kung paano ko po nakuha ang 30 day suspension ko from my company. Meron po akong nakaaway na fellow employee thru email hangang sa nauwin na sa pikonan and since na I had hit his ego very badly ang ginawa nya to get over me is to report in sa HR namin at sa Disciplinary section about my misconducts like reading newspaper during working time, storing mp3s, videos and pornographic viewing sa computers and sleeping during working hours pag gabi. To make the long story short, the HR conducted an investigation and interviewed some employees together with us and come into conclusion that i am really doing what the other one is saying. Unfortunately, wala po silang mahanap na objective evidence that pointing that i am guilty except for the data that they had gathered to some co-workers and parang pinag-tagpi-tagpi nila ang mga kwento. I would like to ask if the HR is right for concluding even puros circumstantial evidence lg ang basis nila. I even doubt if they even let the witnesses they got to sign like something that it is an affidavit.
Second concern ko po is during my suspended days, nakahanap po ako nang company na pwedeng malipatan. Is it OK po ba to resign na hindi pa natatapos ang suspended days ko sa current employer ko? Pwede po ba maging ground na hindi ako bigyan na clearance dahil doon?
Sana po ay matulungan nyo ako. God bless sa lahat...

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2 Re: 30 day suspension on Mon Dec 20, 2010 1:57 pm

attyLLL


moderator
it is fine for HR to conduct an investigation, but any punishment should be based on substantial evidence and gravity.

you can try to bargain with the company to let you make an immediate resignation, but if they don't allow it, then you can resign, but you will have to give 30 days notice.


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3 Re: 30 day suspension on Mon Dec 20, 2010 11:50 pm

siriusblack19


Arresto Menor
thank you... i would like to ask is how to evaluate evidences as substantial... sa case ko po their judgment is taken from the co-employees they interviewed, pwede ko bang ma contest ang credibility ng mga taong na interview nila? wala po silang nakuhang physical evidence that i really have it in my pc...

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4 Re: 30 day suspension on Tue Dec 21, 2010 9:57 pm

attyLLL


moderator
here's the legal definition: Substantial evidence is the amount of relevant evidence which a reasonable mind might accept as adequate to justify the conclusion.

for me, i would require some form of record that you looked up porn or other inappropriate content.


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5 Re: 30 day suspension Today at 10:27 pm

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