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PREVENTIVE SUSPENSION more than 30days.

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1 PREVENTIVE SUSPENSION more than 30days. on Wed Nov 25, 2015 6:29 pm

kimmys


Arresto Menor
Hi,

I just want to ask for some advise regarding allegations filed against me at work.

I was placed under preventive suspension on October 15, 2015, under allegations on Fraud Clauses and Sales Integrity. I was served an NTE, and was able to send a reply within the 5-business day period. No hearing was scheduled, even after numerous attempts of asking updates from my immediate supervisor on the first 30 days, and I'm now being asked to go to an admin hearing and got advise that I can bring a counsel with me.

Based on my understanding, I'm under the impression that I should already be reinstated to my former position if not, payroll - since the 30-day suspension period already lapsed, and no hearing was scheduled. There wasnt any documentation for any extension for my Preventive Suspension as well lastly I wanna ask if the Admin Hearing they want me to attend on November 27, 2015 is still valid even though the 30day Preventive Suspension has already lapsed?

Any thought on what steps I should take from here?

Thanks,
KS

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2 Re: PREVENTIVE SUSPENSION more than 30days. on Wed Nov 25, 2015 6:37 pm

council


Reclusion Perpetua
Yes the admin hearing is still valid as it is still part of due process.

Although you may contest the non-extension of the PS. You are entitled to be paid for those days from the 31st day.

But in theory you should have reported to work after the 30th day and asked about your situation.

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3 Re: PREVENTIVE SUSPENSION more than 30days. on Thu Dec 03, 2015 1:30 am

kimmys


Arresto Menor
Hi!

The admin hearing was rescheduled Dec 1 due to Thanks Giving Holiday and right after that theyve asked me to report to work that night even though theres no final decision or verdict yet of the case.

I wanna ask if I have the option to just wait for the case to be closed and also wait to sign a documentation stating that Im already reinstated or what else should I do at this point?

They dont have any clear information as well if the 30days PS will be paid since the case is technically on going.

Thanks,
Ks

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4 Re: PREVENTIVE SUSPENSION more than 30days. on Thu Dec 03, 2015 3:40 am

council


Reclusion Perpetua
You have to report to work since they asked you to do so. But you cannot just "wait" (or continue to be away from work).

If you have questions about documentation, you are entitled to ask for it.

You can also ask to be paid for the excess days you were placed on PS (31st day onwards).

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5 Re: PREVENTIVE SUSPENSION more than 30days. on Wed Dec 09, 2015 2:49 am

kimmys


Arresto Menor
Thank you for the response.

I have another question, when should I receive and sign a Notice Of Decision for the said case? The Admin Hearing was done last December 01 and I was asked to report later that night for work my ID and proximity card has been handed already although Im not taking in calls because I have no schedule yet.

Now my current Supervisor told me that my Operations Manager was asked by our HR personel to tell me that I need to Log-In Log-Out (timestamp) whenever Im in the office so I can be included in the Payroll Report by my Supervisor. My question is..

Should I timestamp for them to determine my Payroll report? The company should pay me even if I dont timestamp because technically Im still not yet cleared for the said case unless I signed a Notice of Decision and documents stating Im officially reinstated.

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6 Re: PREVENTIVE SUSPENSION more than 30days. on Wed Dec 09, 2015 2:51 am

kimmys


Arresto Menor
Should I timestamp and also take in calls without signing the Notice Of Decision and without any documentation stating that Im already cleared and reinstated?


Thank you for your usual quick response,
KS

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7 Re: PREVENTIVE SUSPENSION more than 30days. on Wed Dec 09, 2015 2:52 am

kimmys


Arresto Menor
Should I timestamp and also take in calls without signing the Notice Of Decision and without any documentation stating that Im already cleared and reinstated?


Thank you for your usual quick response,
KS

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8 Re: PREVENTIVE SUSPENSION more than 30days. on Wed Dec 09, 2015 4:19 am

council


Reclusion Perpetua
You want to get paid?
Have proof of attendance.
Follow their instructions. They're not illegal to begin with.

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9 Re: PREVENTIVE SUSPENSION more than 30days. on Wed Dec 09, 2015 11:04 pm

HrDude


Reclusion Perpetua
kimmys wrote:Thank you for the response.

I have another question, when should I receive and sign a Notice Of Decision for the said case? The Admin Hearing was done last December 01 and I was asked to report later that night for work my ID and proximity card has been handed already although Im not taking in calls because I have no schedule yet.

Now my current Supervisor told me that my Operations Manager was asked by our HR personel to tell me that I need to Log-In Log-Out (timestamp) whenever Im in the office so I can be included in the Payroll Report by my Supervisor. My question is..

Should I timestamp for them to determine my Payroll report? The company should pay me even if I dont timestamp because technically Im still not yet cleared for the said case unless I signed a Notice of Decision and documents stating Im officially reinstated.

Of course. What would be the company's basis in paying you if you don't have log records?

Where do you get the idea that the company should pay you even if you don't have log records? Your case has nothing to do with your time entries. Cleared or not, if there was a specific instruction for you to report for work, you have to follow such.

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10 Re: PREVENTIVE SUSPENSION more than 30days. on Sat Dec 12, 2015 7:00 pm

alucard13


Arresto Menor
hi there counsels, I have the same situation, may i send u an email about the details?

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11 Re: PREVENTIVE SUSPENSION more than 30days. on Mon Dec 14, 2015 4:51 am

HrDude


Reclusion Perpetua
go

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12 Re: PREVENTIVE SUSPENSION more than 30days. on Fri Dec 18, 2015 5:52 pm

alucard13


Arresto Menor
Hi there counsels, good day to you all,

I got suspended the day I reported to work. My supervisor prevented me from entering the production floor and said that I can't come in anymore, I asked why am I being held from entering but she said she didn't know. We went to HR "escorted" by 2 guards like a criminal.

They said there was a customer/client complaint but no details about the complaint whatsoever, they served a 30 days preventive suspension and can't disclose any info about the details of the complaint while the investigation is on going and i was also told that the result of the investigation will determine if my 30 days suspension will be paid or not... we did an admin hearing after 28 days and said that my case was fraud and negligence of duty but still no details about the call, no recording and screenshot, they (HR and Operations Manager) just asked me what procedure do i do in some scenarios they gave me and i was able to answer it all, i was told to wait for the final decision... 30 days has passed and still no update about my case...

My question is... is this right? What should I do? I can't afford to loose a job during these holiday season. I have a lot of bills to settle and I'm paying an equity...

Any advise would be greatly appreciated...

Thank you again and more power!
Alucard13

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13 Re: PREVENTIVE SUSPENSION more than 30days. on Mon Dec 28, 2015 11:26 pm

HrDude


Reclusion Perpetua
To be able to answer your questions, try to answer these questions first.

1. Were you given a Notice to Explain/Show-Cause memo before or after your Notice of preventive suspension was served to you? If no, then this is NOT right.
2. After the lapse of the 30-day preventive suspension, were you given a notice of extension of the period or no? Is yes, you should follow the order. If not, you are then required to report for work.

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14 Re: PREVENTIVE SUSPENSION more than 30days. on Tue Dec 29, 2015 5:04 pm

alucard13


Arresto Menor
HrDude wrote:To be able to answer your questions, try to answer these questions first.

1. Were you given a Notice to Explain/Show-Cause memo before or after your Notice of preventive suspension was served to you? If no, then this is NOT right.
2. After the lapse of the 30-day preventive suspension, were you given a notice of extension of the period or no? Is yes, you should follow the order. If not, you are then required to report for work.

Thank you for your response...

to answer your questions...

1. No, it was on the spot... the suspension happened that very day I was escorted by the guards to HR office and spoke with HR personnel... there were no NTE nor Show-Cause memo before it was served to me. We had an admin hearing after 3 weeks where I submitted the NTE.

2. No notice of the extension of suspension either... After the admin hearing i was just told to wait for the final decision which is none until today... I have been texting and calling the HR associate in charge on my case to follow up my status but they are not replying or answering my calls... my office mate told me that i've been terminated from the account and my status is for "lateral transfer"... Should i go to NLRC and file a complaint?

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15 Re: PREVENTIVE SUSPENSION more than 30days. on Tue Dec 29, 2015 5:49 pm

HrDude


Reclusion Perpetua
1. When you said "We had an admin hearing after 3 weeks where I submitted the NTE." I assume that you mean that you submitted an EXPLANATION LETTER. If so, then you were given a Notice to Explain then. Why would you give an explanation letter if you received no notice to do so?

What I asked you is if you were given any Notices to explain/show-cause memo. If none at all, then this is NOT right.
2. If you received no extension, then you are required to report for work. It is premature to go to file a complaint yet.

I suggest you report for work. Because they may use this against you and may consider as AWOL if you don't report. Verify your status with your company thru your HR and tell them you will be reporting for work. If you are not allowed to report for work, gather evidence of such for your use.

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