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1 STRONG CASE OR NOT on Thu Nov 12, 2015 3:46 pm


Arresto Menor
This is to seek your advice if we have a strong case or if we have at least follow the right process before terminating this employee: Let me share with you the details:

1. We received incident report that this Manager is not doing anything in the clinic in terms of observing proper cleanliness and sanitation (industry is health and wellness) also complaints that this manager shows rude behavior (with previous complaint from staff but no records on 201)
2. We called her and give her a copy of notice to explain related to: Gross and Habitual neglect of duties and unfavorable report related to behavior which affect other employees performance
3. That same day, i talked to her, she signed the NTE and submitted her explanation
4. That same day, preventive suspension was also served for us to conduct an investigation
5. We gather statements from her subordinates about her attitude and how was she as a supervisor
6. There was an actual on the spot check audit for cleanliness and sanitation done by the operations director (did not pass the standard state of cleanliness)
7. During the gathering of statements, another issue was raised that she borrowed money and she allegedly told the staff na "wag kang magsusumbong"
8. She was asked to report once again to signed the Notice to explain and further discuss to me what happened on the issue of borrowing money
9. She admitted that she may borrowing money to pay for her credit card but always returned the money the same day and denied about the allegedly statement she made"wag kang magsususmbong"
10. She was invited for admin hearing and present in the hearing was the staff who mentioned that she borrowed money, the manager and me. the hearing was recorded.
11. The manager insisted that she did not recall saying the "wag kang magsususmbong but admitted that she may have borrowed the money but could not recall however, she also testify that she returned the money the same day everytime she borrows
12. She insisted that she is not aware that borrowing money is unacceptable

The management tested the waters if we will demote her (same salary and benefits) and just transfer to another branch. however, most of the feedback of employees, they do not want to work with her. The management wants to let go of her.

Please advise if we have a stong case here and what is the best possible resolution.

Thank you so much.

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2 Re: STRONG CASE OR NOT on Thu Nov 12, 2015 4:04 pm


Reclusion Perpetua
Was the employee given copies of the statements from the subordinates, so she could reply to their allegations?

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3 Re: STRONG CASE OR NOT on Thu Nov 12, 2015 5:08 pm


Arresto Menor
In the first Notice to explain, it was stated there the allegations of the staff.
With the second Notice to explain, it was mentioned there also about the staff statement that she borrowed money and she mentioned" wag kang magsusumbong dun sa staff"
She was able to defend herself with both issues

First issue ( with explanation letter and talked to her personally)

Second Issue ( with explanation leter, talked to her personally and she was in conference with the other employee who raised the concern involving borrowing money )

The Management wants to let her go for the grounds of breach of trust and loss confidence related to borrowing money issue

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4 Re: STRONG CASE OR NOT on Thu Nov 12, 2015 6:48 pm


Reclusion Perpetua
Firstly, is borrowing money a violation of company policy? if not, then you have no basis.

Secondly, if it is a violation of company policy, then your basis is questionable. Take note that borrowing money is a personal act and matter and does not involve the company. If you will insist that the act of borrowing is within company prerogative and use this as a basis for terminating your employee, this may be struck down by the courts for being 'too harsh'.

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5 Re: STRONG CASE OR NOT on Thu Nov 12, 2015 7:05 pm


Arresto Menor
The Manager is borrowing the company's money entrusted in her custody. She is borrowing money (sales/petty cash or loose change in the clinic where she is assigned)

As discussed to all staff, they are aware that it is not acceptable to borrow money from the branch without consent from our accounting department (even so if it will be returned the same day).

That's another scenario, we will never know now if the money she borrowed was indeed returned the same day since she is the Manager and she handles all the money or there is also a possible connivance in the branch with the subordinates. As mentioned in the statement of one staff, she cannot report the incident before because she is the supervisor.

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6 Re: STRONG CASE OR NOT on Thu Nov 12, 2015 7:26 pm


Reclusion Perpetua
In theory, or stretching out the scenario further, this may be considered as kiting also, and is a fraudulent act.

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7 Re: STRONG CASE OR NOT on Thu Nov 12, 2015 8:13 pm


Reclusion Perpetua
If that's the case, make an audit investigation on the matter asap. If you terminate her based on the assertion of staff and her admission in borrowing money, it can be a ground. However, for a DOLE-proof decision, if there are any unaccounted monies, include qualified theft as a ground. If there's none, it is also ok, just ask her to make a written admission on the matter because she may deny her statements during the hearing.

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8 Re: STRONG CASE OR NOT on Thu Nov 12, 2015 9:52 pm


Reclusion Perpetua
Why concentrating at the borrowing??

(Asuming the company gave her enough resources/power to keep it clean.) Not MANAGING keeping it clean enough for minimum standard in a HEALTH related business I find MUCH WORSE, because such can presumtive CUSTOMERS notice and leave, making BAD REPUTATION for the business...

If I would be the decider, I would
/let the borrowing PASS with a warning,
/but if the uncleanyness is so bad so a customer notice, that's a BIG NO NO = FIRE, NOT leting her manage some other place.
((Perhaps relegate her to cleaning lady hahaha

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