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Noticed To Explain

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1 Noticed To Explain on Thu Jul 14, 2016 12:33 pm

Thirdie


Arresto Menor
I have been issued a noticed to explain 3x

1. I have accused not following the Rules of the company because I brought an Eyedrops on the floor for my eye problems which was advise form Doctor to use it every 6x a day with 3 hours interval. I justified my reason from the guard which he felt that he was insulted and I was being disobedient.

2. were group of people went to the pantry, making jokes and we make fun on the tarpualin on the pantry. but the guard accused by saying " susunugin ko yung tarpaulin " which was located in the pantry. According to the guard he heard that I was the saying it. He file it to HR for serious mis conduct.

3. my supervisor raised an IR which i did not signed it and the supervisor advised the HR and the HR raised an Notice to Explain - reason for that she felt that I shouted at her. Well in fact the main reason why it end up to argument on the operation floor which co workers can hear our arguments. Before reason why it end up to argument I ask question in a nice way but she responded arrogantly and bossy type of response which It ignited my anger and lead to argument on the floor. So she raised an Incident Report which I did not signed it. and she escalated to HR which the HR raised a Notice to Explain.

and stated on the Noticed to Explain - I was charge for being dis obedient, serious mis conduct.

Am I subject for termination?
What would my rights?
Will I resigned?

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2 Re: Noticed To Explain on Thu Jul 14, 2016 1:27 pm

council


Reclusion Perpetua
1. Possibly.
2. You have the right to be presented with the complaints, and the rights to explain and to have a hearing.
3. Nobody can answer that for you.

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3 Re: Noticed To Explain on Thu Jul 14, 2016 1:39 pm

lukekyle


Reclusion Perpetua
Am I subject for termination? - You may be. Depends on the findings
re #1. What rule was supposedly broken when you brought the eyedrops?
re #2. Aside from the guard, has anyone claimed to have heard you say na susunugin mo yung tarpulin? meron bang cctv dun sa area at baka na record yung pag sabi mo nun?
re #3. You should've signed the IR and just noted "received but do not agree" Kasi pag hindi ka pumirma in one sense you are acting "guilty and defensive" Minura mo ba yung supervisor or sinigawan? Meron ka bang witness sa pangyayari to back up your story?

What would my rights? Dapat after notice to explain, Bibigyan ka ng hearing pa madnig ang panig mo. Pwede kang magdala ng lawyer during this hearing.

Will I resigned? pwede kang mag resign kung nais mo. Pwede mo rin naman antayin na tanggalin ka nalang nila, tutal notice to explain palang naman. Hindi pa naman sigurado na tatanggalin ka nila. Pwede din naman kasi na reprimand or suspension lang ang parusa sayo kahit mapatunayan na nilabag mo ang mga company policy

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4 Re: Noticed To Explain on Thu Jul 14, 2016 4:00 pm

Thirdie


Arresto Menor
Issue 1: Gadgets , papers, Bag, food, medications, tumbler not transparent, USB - ground for termination.
However at that time, I was not advised that medication is part of the rules na hindi pwedi dalhin sa operation floor.

Issue 2: I dont know if there is a cam on the pantry. If there is a cam, Im not sure kung may audio.

Issue 3: Hindi ko sya minura. Nag reason out lang ako although malakas lang boses ko. followed by low montone voice which she heard my statement ( bobong lang ang hindi makakaintindi sa email) which its not my intention to let them hear. probably due to my frustration and anger.

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5 Re: Noticed To Explain on Fri Jul 15, 2016 8:32 am

lukekyle


Reclusion Perpetua
Based on what you have told us, your employer has every right to initiate termination proceedings against you. If i were you, i would talk to HR and ask about your situation. Perhaps they will only reprimand you, give you a warning or suspension. If parang tutuluyan ka na, maybe it would be wise to ask for a graceful exit. Most companies would extend leniency if it help can expedite the process.

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6 Re: Noticed To Explain on Sat Jul 16, 2016 10:18 am

attyLLL


moderator
focus on preparing your Explanation and request a hearing. get statements from your co-employees to support your defense.


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7 Re: Noticed To Explain on Thu Aug 11, 2016 5:25 pm

Thirdie


Arresto Menor
I am now terminated from my work last Monday. And Wednesday I filed a case from the NLRC National Labor Relation Commission. And we had a hearing 2 days ago, regarding to my case. I narrated the issue. Arbiter and the Atty. for the company is present at that time. I told them the story:

It started when I escalated someone(a guard ). scenario: before you can enter the operation floor there is a guard standing on the door and scan you with the metal detector. Apparently when she scanned me she accidentally hit my private part, and I immediately reacted. and so when I entered the operation room she said something behind my back. unLuckily i did not heard her but my officemate heard her.Basically my officemate told me what she is saying. So immediately I confronted her and asked her name. However she didnt apologize so I escalated her on a proper way. So I emailed the Guard supervisor then after a day I received an email from the guard department that they have already reprimanded her.

After 4 days. A different guard went to my station because he saw a eye drops on my desk which I was issued notice to explain, then after 3 days I was issued another from another guard because I said something wrong with the tarpaulin and after 2 weeks I was issued another Notice to explain from my supervisor accusing me that I shouted at her well infact I did not. We had admin hearing conducted and after I was terminated.

The Arbiter and the Legal council representative to the company. Laughed on the accusation that they raised against me, that leads to termination.

According to the legal council representative, They will be the one decide wether you retain or terminated not the HR. She will conduct a investigation. She ask me if I was told to bring a witness to the HR hearing before. Well I replied NO. Well infact I always said that to HR admin hearing before that I have people who can testify, But HR replied " testify, testify you are here not them"

So I was asked what do you want? what is the reason for complain? I told them its illegal dismissal. So I was asked what do you want? would like to go back to work? or Give you the back pay not going to work? I did not answered that. I told them I have to think it first.

My question: on my second hearing

1.) Is it ok to ask for moral damage?

2.) Is it not too late ask for moral damages? It was a traumatic experience. I have been crying for that because I got terminated.

3.) Will I also demand to reprimand them the involved person like HR, Guard and Supervisor?

4.) where can I find a free lawyer to help me?


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8 Re: Noticed To Explain on Thu Aug 11, 2016 5:33 pm

council


Reclusion Perpetua
Thirdie wrote:
My question: on my second hearing

1.) Is it ok to ask for moral damage?

2.) Is it not too late ask for moral damages? It was a traumatic experience. I have been crying for that because I got terminated.

3.) Will I also demand to reprimand them the involved person like HR, Guard and Supervisor?

4.) where can I find a free lawyer to help me?



1. Yes that is up to you. But that means it can take up to so many years to resolve that especially if the case goes to the supreme court.

2. moral damages are a court issue - NLRC cannot decide that for you.

3. They can always say yes they will do that, but you won't know at all what the result will be, or if they will do it.

4. PAO


On your 2nd meeting, You might as well ASK (not demand) for -

1. your status to be changed to "resigned."
2. payment of all amounts due (final pay, 13th month, etc)
3. certificate of employment showing that your status is resigned.
4. financial assistance of up to 3 months of your salary (gross, no deductions)

Then makipagtawaran na kayo.

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9 Re: Noticed To Explain on Fri Aug 12, 2016 10:47 am

Thirdie


Arresto Menor
What do you mean financial assistance of up to 3 months? Is it ok to ask that? I was not able to open that on our first meeting.

How about those involved person like the guard, the supervisor, and HR? Are they will be reprimanded? If proven that there is lack of process on there action towards me?

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10 Re: Noticed To Explain on Fri Aug 12, 2016 10:50 am

Thirdie


Arresto Menor
What do you mean financial assistance of up to 3 months, is that on top of my last pay,13th month pay? Is it ok to ask that? I was not able to open that on our first meeting.

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11 Re: Noticed To Explain on Fri Aug 12, 2016 11:04 am

council


Reclusion Perpetua
Thirdie wrote:What do you mean financial assistance of up to 3 months, is that on top of my last pay,13th month pay? Is it ok to ask that? I was not able to open that on our first meeting.

You were asked on your first meeting what you wanted, and you said you had to think about it first.

So ask for something reasonable, and move on.

Unless you want to fight for it in court and ask for moral damages. As As I said, that can take years.

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12 Re: Noticed To Explain on Fri Aug 12, 2016 11:30 am

Thirdie


Arresto Menor
Thank you for responding.
So i would ask for a financial assistance for 3 months on top of my backpay right? What if they dont want to provide for the financial assistance? And what if why theyask me why financial assiatance?

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13 Re: Noticed To Explain on Fri Aug 12, 2016 11:42 am

council


Reclusion Perpetua
Thirdie wrote:Thank you for responding.
So i would ask for a financial assistance for 3 months on top of my backpay right? What if they dont want  to provide for the financial assistance? And what if why theyask me why financial assiatance?

Just say that it's good will for them and both of you will not have to spend a lot of time and money for a court case.

As I said earlier, makipag-tawaran ka.

Maybe ask for more than 3 months (plus your other payments due) then if they offer less, make a counter offer until you get something close to what you want.

And make sure they give it early enough - usually within 30 days.

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14 Re: Noticed To Explain on Fri Aug 12, 2016 11:56 am

Thirdie


Arresto Menor
Is that the same for separation pay? Just correct me if im wrong. Example you have 30k basic and you asking for 3 months financial assistance. If they are agreed upon. They will give 90k? Tama po bah understanding ko?

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15 Re: Noticed To Explain on Fri Aug 12, 2016 11:59 am

council


Reclusion Perpetua
Thirdie wrote:Is that the same for separation pay? Just correct me if im wrong. Example you have 30k basic and you asking for 3 months financial assistance. If they are agreed upon. They will give 90k? Tama po bah understanding ko?

Separation pay is a different issue and IMO you are not entitled to it.

Yes on your 30k x 3 months = 90k

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16 Re: Noticed To Explain on Fri Aug 12, 2016 12:06 pm

Thirdie


Arresto Menor
Thank you also for helping. Me. I have learned so much on tbe process.

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17 Re: Noticed To Explain on Fri Aug 12, 2016 12:25 pm

Thirdie


Arresto Menor
Last question: sorry po..

What if tanongin ako, what you mean financial assistance? And why you ask for financial assistance?

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18 Re: Noticed To Explain on Fri Aug 12, 2016 12:30 pm

council


Reclusion Perpetua
Thirdie wrote:Last question: sorry po..

What if tanongin ako, what you mean financial assistance? And why you ask for financial assistance?

check my post above re "good will"

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19 Re: Noticed To Explain Today at 4:06 pm

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