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double jeopardy at work

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1 double jeopardy at work on Thu Jul 21, 2016 5:21 am

niteowl


Arresto Menor
i was on a preventive suspension for more than a month but reinstated my salary after 30 days. the Embezzlement case was dismissed since the company items in question were presented during investigation.
the questions are: (1) can a company, after sometime, charge me again with a similar or identical offense but with another set of items in question? if yes, this practice can go on indefinitely?, (2) is a preventive suspension legal even if in the initial investigation, the accused employee was not present or not questioned?
tks

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2 Re: double jeopardy at work on Thu Jul 21, 2016 5:47 am

lukekyle


Reclusion Perpetua
(1) can a company, after sometime, charge me again with a similar or identical offense but with another set of items in question? if yes, this practice can go on indefinitely? - Yes they can charge you again, kasi think of it this way. If something prevents the company from charging you then you can steal indiscriminately.

(2) is a preventive suspension legal even if in the initial investigation, the accused employee was not present or not questioned? - preventive suspension is not punitive, it is not a punishment. It is meant to prevent potential losses to a company while they carry out the investigation. so yes it is legal as long as it does not last for more than 30 days

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3 Re: double jeopardy at work on Thu Jul 21, 2016 5:49 am

lukekyle


Reclusion Perpetua
If the suspension lasts for more than 30 days, they either have to reinstate you or pay you salary after the 30 days

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4 Re: double jeopardy at work on Thu Jul 21, 2016 6:28 am

niteowl


Arresto Menor
tks lukekyle.
so in question no.2, if the company (or a group within the company) is not happy with your continues tenure, it will find another probable evidence of "stealing" (or similar case with the previous) and file it against the employee. is this a sign that the employee is already not welcome to stay?
can the employee build a case arising from this? a class suit maybe? for the moral damages on the first dismissed case? or other case?

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5 Re: double jeopardy at work on Thu Jul 21, 2016 6:40 am

lukekyle


Reclusion Perpetua
so in question no.2, if the company (or a group within the company) is not happy with your continues tenure, it will find another probable evidence of "stealing" (or similar case with the previous) and file it against the employee. is this a sign that the employee is already not welcome to stay? - Yes.

can the employee build a case arising from this? a class suit maybe? for the moral damages on the first dismissed case? or other case? - No not unless you can prove malice. If you find an email that says they should fabricate evidence or something similar to that. Or maybe a witness with first hand knowledge that the company is just making it all up.

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6 Re: double jeopardy at work on Thu Jul 21, 2016 7:19 am

niteowl


Arresto Menor
proving malice is a hard thing unless there's someone with 1st hand info on that.

how about the 30 days w/o salary due to preventive suspension? can the employee ask for a back wage/pay since the case was dismissed? the company was saying that the principle behind was "no work, no pay", in that true?

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7 Re: double jeopardy at work on Thu Jul 21, 2016 7:27 am

council


Reclusion Perpetua
niteowl wrote:proving malice is a hard thing unless there's someone with 1st hand info on that.

how about the 30 days w/o salary due to preventive suspension? can the employee ask for a back wage/pay since the case was dismissed? the company was saying that the principle behind was "no work, no pay", in that true?

In theory, if the employee is exonerated fully, he should be paid for the days on PS.

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8 Re: double jeopardy at work on Thu Jul 21, 2016 7:36 am

lukekyle


Reclusion Perpetua
yes.  Unfortunately,  No back pay for preventive suspension, unless the preventive suspension is illegal.

How is preventive suspension illegal? If you are not in a position to cause the company harm or the infraction is not sensitive. For example if your violation is that you are always tardy or not in uniform

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9 Re: double jeopardy at work on Thu Jul 21, 2016 8:30 am

niteowl


Arresto Menor
tks a lot then...

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10 Re: double jeopardy at work Today at 10:28 am

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