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Illegal Termination Process?

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1 Illegal Termination Process? on Wed Dec 13, 2017 5:53 pm


Arresto Menor
Hi - Please allow me to share my story.

About a week ago, I received a hearing notice for tardiness and over breaks.

Please take note that my company has 2 different sanctions for tardiness and over breaks.

- I was already on final warning for tardiness (a coaching log was already served by my Manager for the same offense)
- No over break warning whatsoever

First thing I thought off was why should I receive a hearing notice when no NTE was served to me to begin with? Another was why am I being terminated for tardiness when I already received a coaching log, and for over breaks which should only merit as my first offense?

I sent an email to the HR practitioner who prepared the hearing notice and stated my case.

She immediately revised it by serving an NTE. This time removing tardiness as the ground for termination but now adding the following:
- Perjury
- Grave Dishonesty
- Insubordination

And yes, all these added violations are grounds for termination. When I asked her why these were added. She replied that going on overbreaks can mean the above offenses were violated.

I asked for a detailed report of my access logs and was specific to the HR team that I will only sign the NTE once I have them. They promised to send the detailed report via email within 24 hours. And yes, I never received it.

Fast forward to 6 days and they serve me "another" hearing notice informing me that I have waived my right to explain by not signing the NTE (which I would've signed after a detailed report was sent)

Here are my questions:
1. Is it legal to edit/revise an NTE, a notice or whatever you call it, in the middle of an investigation?
2. Is it legal to add grave offenses in the middle of an investigation?
3. Do you think I can win this termination case? I am seriously considering resigning instead because if it is legal for them to revise such notices when questioned, they can do it again when I prove myself as not guilty.

Thank you!

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2 Re: Illegal Termination Process? on Wed Dec 13, 2017 7:00 pm


Reclusion Perpetua
first off you should always remember that not signing an NTE does you no good and signing one does you no harm. it merely means nakuha mo na yung nTE nothing else.
1. next time just answer the NTE, if meron ka pang hinihintay na info or evidence just put that in your wrtitten statement na this is youbdefense and additional evidence will be provided once the info you requested has been provided.
An NTE is just notice to explain, they may issue you more than one and may edit or revise it as the needs arise. parang nagtatanong lang ang employer but written not verbally. hindi mo naman pwede sabihin “ay nagtanong ka na so tapos na hindi ka na pwedeng magtanong ulit”
2.again pag may na discover sila na ibang offence syempre pwede nila icharge yun. ang point lang is may evidence ba sila to prove those charges.
3. hard to comment since hindi naman namin alam all the details.
yes anytime may bagong accusations syempre ibring up nila bagong charges.

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3 Re: Illegal Termination Process? on Thu Dec 14, 2017 5:04 am


Reclusion Perpetua
For you to better understand the nature of termination proceedings, you may read this. I hope it helps.

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