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What are my rights as an employee?

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1 What are my rights as an employee? on Sun Dec 19, 2010 5:38 am

kawawang ale


Arresto Menor
A client wrote a letter to the company saying that I was discourteous, conceited and bad mannered over our telephone conversation. I have submitted my reply and I have told them that I have no idea that the client was not pleased with the result of our conversation and being bad mannered is not among my traits and that as far as I know I have served the client.

The company issues instructions to HR for my immediate transfer of assignment and investigate for filing of administrative charges.

May I ask what are my legal rights here as an employee?
Thanks.

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2 Re: What are my rights as an employee? on Mon Dec 20, 2010 2:04 pm

attyLLL


moderator
there are two requirements for a valid termination.
1) valid procedure - 5 days given in a written notice to explain, a hearing if the employee denies the act, and a written notice of termination
2) valid basis for termination amounting to gross and habitual neglect or serious misconduct or similar.

there has to be substantial evidence of the offense charged.

if you are terminated, you have the right to question at nlrc.


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3 Re: What are my rights as an employee? on Mon Dec 20, 2010 3:36 pm

kawawang ale


Arresto Menor
Thanks for the reply Atty. I am not terminated. May I ask what are your inputs on my case. Does the complaint fall under serious misconduct.

Hope to hear from you again. Thanks.

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4 Re: What are my rights as an employee? on Mon Dec 20, 2010 4:16 pm

attyLLL


moderator
it has to be determined what you said and how you said it to the client. it all depends on the factual circumstances.


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5 Re: What are my rights as an employee? on Mon Dec 20, 2010 4:25 pm

kawawang ale


Arresto Menor
thanks again Atty. for sharing significant info.

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6 Re: What are my rights as an employee? on Sun Dec 26, 2010 5:50 am

kawawang ale


Arresto Menor
Atty, is there a period on how long a complaint should be filed. I just noticed that the complaint was filed exactly a month after the incident happened. I would like to question the intention of the complainant here on why it took him a month to file a complaint.

I am thinking that someone just advised him to do this. I also feel that I am already prejudiced in this case as the company is leaning towards the complaint because of immediate instructions to transfer me. I also do not mind the investigation but why would the company indicate for filing of administrative charges. I have already submitted my reply that I have no knowledge about the dissatisfaction and that reing rude is not among my traits and I will never do anything to taint the company's image.

In my mind, I am still trying to understand on why these things are happening. This is the first time that this incident happened and I am really sad over the accusations.

Hope to hear from you again and to shed light on my case.
Thanks.

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7 Re: What are my rights as an employee? on Sun Dec 26, 2010 8:12 am

attyLLL


moderator
the motivations behind the complaint are not as important as whether you committed the supposed offenses. while i understand why you would ponder on that, it is not material to your defense.

1 month is a reasonable time. focus on the facts of what was actually said, the volume and tone. statements that you were rude are interpretations.


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8 Re: What are my rights as an employee? on Thu Dec 30, 2010 10:00 am

kawawang ale


Arresto Menor
Thanks again Atty. Your inputs made me understand it better. I really want to thank you for this.

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9 Re: What are my rights as an employee? on Sun Jan 02, 2011 9:07 am

kawawang ale


Arresto Menor
Atty., because of this complaint, the company issues instructions for my immediate transfer of assignment to base office. The incident has placed me into a great shame as my colleagues at the base office are wondering why I was suddenly placed at the base office even if there is no substantial evidence of the offense charged. How do I get justice here. The complainant has suggested in his letter to replace me and seriously review my customer service skills which the company followed even if their only basis is this complaint.

My battle solely relies on customer's word against mine and the only thing I can think of on why this customer filed a complaint is that I do not want to go beyond company's policy of disclosing confidential information to him and by not allowing some of his request basically because it is against the company's policy.

There are no witnesses to this telephone conversation as this happened early morning and the only person with me in the office did not hear anything. How do I strengthen my defense here. Can colleagues vouch for my character. How about a testimony from a former officemate who knew that the complainant is very persistent on getting on with his demands. He told me that the former manager offered to give him additional rate on top of the regular rate (this is offered for this customer only because the former manager knows that this customer is very hard to handle) and this customer stopped getting this special treatment when the manager was transferred.

To cut the story short, when he no longer gets the perks he once enjoyed, he felt that I was very strict so he made a letter directly to the Chairman citing me of the accusations which I never did. I also need to protect the company's interest that is why I cannot allow some of his request and also, because I would never want to go beyond the policy.

That is the only thing I can think of on why he made a really preposterous accusations over me. This incident has damaged my career which I have built for more than a decade now. My records will speak for itself that there was no other complaints against me from the time I was hired.

I maybe firm but I was never rude. With the letter that he prepared, he had really placed me into a very bad light and I was the one who suffers from this baseless accusations.

This incident is now circulating in the base office that I was immediately recalled over a customer complaint. I am also human and I believe that I should also get justice here.

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10 Re: What are my rights as an employee? on Mon Jan 03, 2011 12:56 pm

attyLLL


moderator
if the transfer did not amount to a demotion or a punishment, then the company was within its rights to do the transfer.

most bpo's record the conversation and keep it for a certain amount of time. you can file a letter to to contest the punishment, if it was one, then after which, your remedy is to file a complaint at nlrc.


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11 Re: What are my rights as an employee? on Mon Jan 03, 2011 8:31 pm

kawawang ale


Arresto Menor
Atty., what I am earning right now is really way below what I will get in the base office so it is a sort of punishment. Conversation was not recorded since I do not work in a BPO.

Do you mean the only option left for me is to file a complaint to NLRC?

Thanks again.



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12 Re: What are my rights as an employee? on Tue Jan 04, 2011 5:04 pm

attyLLL


moderator
ah, sorry. most of those who ask with this kind of question are from bpo's. my mistake to presume.

did your basic salary shrink? if so, that is a demotion.

before filing a case, you can write a letter to management stating that you consider the demotion unfair and based on insubstantial evidence, and that you consider it as a constructive illegal dismissal.


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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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