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Notice to Explain

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1 Notice to Explain on Sun Nov 27, 2016 4:20 pm


Arresto Menor
I was immediately served a Notice to Explain for Falsification/ Tampering of OR without prior knowledge and investigation. Was it the due process? Shocked when i read that if it would be a first offense, it would cause my urgent Dismissal. The case was never explained to me and so i exerted effort being the one in charge of liquidation to investigate on the matter, as per investigation and gathering information, it was the one who purchased the item and to whom i gave the payment.
Can i file counter charges for the HR/ Company for having false accusation with me if proven not guilty? also, what can be the charges to my immediate superior for embarrassing and dishonor he is causing me not to mention the burden and for not being professional.
i want a legal action to start with me considering that i can cite number of instances that happened to my co-employees that resulted to their instant dismissal from office.
Hoping for your kind assistance. Thank you and God Bless!

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2 Re: Notice to Explain on Sun Nov 27, 2016 5:22 pm


Reclusion Perpetua
It's a notice to explain, nothing further.

So tell them your findings, EXPLAIN why you should not be held liable for falsification.

The NTE is simply that - they found something and their evidence points to you. So you have to answer and show evidence.

Yes, you can file counter charges since that is your right - but that will not amount to anything.

Was the NTE publicly announced? If not, any complaint, even against your superior, will not prosper.

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3 Re: Notice to Explain on Sun Nov 27, 2016 5:46 pm


Reclusion Perpetua
NTE only contains allegations, so you need not worry about anything if you are of no fault. This is due process given to you.

Based on your story, you can file counter charges, but do have a cause of action? NONE.

You cannot compare your case to that of your co-workers as your case is independent on theirs. If you can prove malice, which I doubt you cannot, its best to answer the NTE and defend yourself.

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