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Preventive Suspension

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1 Preventive Suspension on Sat Jun 03, 2017 4:51 pm

Kenmhur


Arresto Menor
A friend of mine was given Preventive Suspension last week. I'd like to seek help if the reason for putting him to suspension is valid. He holds the position of a manager.

The subject of the NTE "Violation of Rule 1 - Acts of dishonesty and fraud , 19. altering /Logging in or Out for another employee in Acquire's BpO attendance system and/or ART. 282: (c) Fraud or willful breach by the employee reposed in him by his employer pr duly authorized representative"

He shared his password to one of his people gor the purpose of accepting timelog overrides. If timelog overrides are not accepted his people will not be getting their complete salary. He did this during his 2 months Medical Leave. There is no current process to be followed in situation wherein the approver of timelogs and VL/SL filing is on leave. And what he did is the common practiced used by many most managers and supervisor.

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2 Re: Preventive Suspension on Sat Jun 03, 2017 11:43 pm

lukekyle


Reclusion Perpetua
yes, actually for most companies this act is an offence where termination is the disciplinary action. never share your password. there is a reason why your password is unique and not veryone is issued the same one

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3 Re: Preventive Suspension on Sun Jun 04, 2017 9:41 am

council

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Reclusion Perpetua
Being "common practice" does not make it proper or legal.

The people using his log-in info (or password) should also be sanctioned.

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4 Re: Preventive Suspension on Sun Jun 04, 2017 11:27 am

Kenmhur


Arresto Menor
Is the reason for preventive suspension is legal?

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5 Re: Preventive Suspension on Sun Jun 04, 2017 1:22 pm

Jadis

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Reclusion Perpetua
Yes. It is a clear violation of company policy and the fact that others are getting away with it does not make it right.

He should have made arrangements before he went on leave.

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6 Re: Preventive Suspension on Sat Jul 08, 2017 7:37 am

dorobo1706


Arresto Menor
i have the same issue with my previous company HR serve me a 30 days (starting on march 18th) notice for alleged fraud or misrepresentation of the service for the customer. i have an admin hearing on march 31st, technically the one whose going to conduct the hearing was not able to show on that particular date (working in a bpo company) no time as was announce on the letter i receive only TBD(to be discuss) so come April 1st. Sr HR manager come to see me and told me to wait for the HR associate to conduct it. she will be arriving around 3am, what i did i declined because the time and date already lapse. so it was rescheduled without any specific date or time. so on my 30th day should be on April 19th i reported for work but the HR told me they sent a text message that i have an admin hearing on April 12th and the 13th. but i told them that i didn't receive their message thru SMS? i said they could easily call me or send it thru email or by mail. HR send a show cause notice that i have an admin hearing as for good faith to hear my side, i didn't respond to it because it is already lapse the period of suspension. and afterwards i receive a termination letter from them.

my question is this.

is it legal for them to send me a text message even thou my phone is not from the company and its my private phone, and i dont receive it.

second, do they have the legal right to terminate me without any admin hearing and termination is for just cause?

third, do i have the right to demand damage for the loss i have acquired, humiliation confidence and emotional stress that was endured for that issue?

the reason for my termination is a different story but i want to clarify this 1st thanks!!!

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7 Re: Preventive Suspension on Sat Jul 08, 2017 8:18 am

lukekyle


Reclusion Perpetua
1. yes
2. if you didnt attend the admin hearing, yes
3. yes you can demand, everyone can demand but i doubt they will pay you.

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8 Re: Preventive Suspension on Sat Jul 08, 2017 7:31 pm

HrDude


Reclusion Perpetua
1. It is irregular but it is not per se illegal. Beside, the same was corrected when they sent another notice for which you ignored.
2. Yes, when you ignored the admin hearing notice, as long as there is/are legal basis/es for them to terminate you (which they did), there action is legal.
3. As Lukekyle stated, everyone has the right to demand. What is your cause of action though? Before anyone can file an action, they must have a cause of action? In your situation, since the action of your employer is legal, you have no cause of action.

NOTE: Preventive suspension can be EXTENDED beyond 30 days provided that those succeeding days are paid.

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9 Re: Preventive Suspension on Mon Jul 10, 2017 10:02 am

dorobo1706


Arresto Menor
i demand to be restated that time but their answer is sending out a show cause notice, im not paid. just to inform you guys,after 30 days without any notice to extend is legal? you have to answer my question is it legal to address me or send me notification thru sms. thanks!

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10 Re: Preventive Suspension on Tue Jul 18, 2017 5:04 pm

HrDude


Reclusion Perpetua
dorobo1706 wrote:i demand to be restated that time but their answer is sending out a show cause notice, im not paid. just to inform you guys,after  30 days without any notice to extend is legal? you have to answer my question is it legal to address me or send me notification thru sms. thanks!

Yes, its legal. If without any notice to extend the preventive suspension, by operation of law, you are required to report for work. If management prohibits you to report for work, you are reinstated from the payroll only and be paid for the days after 30th day even without actually reporting for work.

Again, it is irregular (to notify you thru sms) but it is not per se illegal. Beside, the same was corrected when they sent another notice for which you ignored.

Again, the same was corrected when they sent another notice for which you ignored.

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