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1 legal advice on Thu Dec 15, 2016 10:33 am

theb


Arresto Menor
We have an employee who was arrested due to "allegedly he was a pusher" but his case is none bailable.  Do I charge him with serious misconduct? or for AWOL and eventually abandonment?  We would like to  give him due process for this.

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2 Re: legal advice on Thu Dec 15, 2016 10:39 am

lukekyle


Reclusion Perpetua
Unless he was selling drugs during company hours his case wouldn't fall under serious misconduct

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3 Re: legal advice on Thu Dec 15, 2016 11:03 am

tatan1712

avatar
Arresto Mayor
take note of the elements abandonment:

Abandonment is the deliberate and unjustified refusal of an employee to resume his employment.27 To constitute abandonment of work, two elements must concur: (1) the employee must have failed to report for work or must have been absent without valid or justifiable reason; and (2) there must have been a clear intention on the part of the employee to sever the employer-employee relationship manifested by some overt act.28 The employer bears the burden of proof to show the deliberate and unjustified refusal of the employee to resume his employment without any intention of returning.29

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4 Re: legal advice on Thu Dec 15, 2016 11:26 am

theb


Arresto Menor
Then if I were to give him due process under where and what can he be filed, he is still currently in jail. For cases such as this, how can we ask him since he has not been reporting since Dec 1?

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5 Re: legal advice on Fri Dec 16, 2016 2:21 pm

HrDude


Reclusion Perpetua
LOOK. For any act or inaction of an employee which does NOT involve/affect the company, its officers an/or employees, the company (including you) CANNOT do anything about it.

For this case, you CANNOT do anything but to keep quiet. How can you say that you will give him due process when due process is NOT warranted in the first place?

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