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Illegal suspension

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1 Illegal suspension on Thu Apr 12, 2018 7:38 am

airamalmonsayt


Arresto Menor
Hingi lang po sana ako ng legal counsel about sa prob ko sa work. I'm currently on Preventive Suspension sa work po, which I think was sanctioned to me unfairly. Im q call center agent. Here are the facts: I commited an infraction Feb5 (call disconnection, 1call) and underwent due process. Come March 25, I received the Notice of Decision: Final Written Warning dated March 13 for the infraction indicating that should I commit the same infraction in the future I will thus be terminated. Nagmove on nako kse akala ko ok na. after a week, pgbalik ko from rest day I lost access to my database kaya i couldnt work and walang makapagsabi why. Weekend kse kaya sarado HR pti Access admin. Pagdating ng monday April 3, hinainan ako ng NTE ulit at Preventive suspension for the same infraction. May nadiscover daw kasi sila na bukod dun sa 1call nung feb5 meron pa daw 4calls pa na improperly disconnected nung feb5 din. Ang explanation nila, ung kakatapos ko lang daw na case kse ung company ko ang naginvestigate. at yung bago is escalation ng client ng companya. I had an argument with them before I agreed to sign the suspension memo, I felt kse na hnd tama kase sarado na ung case e.tas ssbhin nla bagong case dw un. eh same infraction lang nmn, prang dinadagdagan lang nila ng evidence.pwede paba yun? I know naman na may cases na nauungkat.Pero kase, when I lost access to my database at inapproach ko ung manager ko, and sinabi nya na ung escalation ni client, automatic NTE at preventive Suspension daw yun kaso daw di nla ako pinagawan ng NTE kse open pa yung case ko for the same infraction".... Kung open pa ung case ko at nreceive na nla ung escalation for the same infraction, db dapat pinagsama na nla yun bago pa lumabas ung decision. So ayun im currently suspended tapos nag undergo prin ng pangalawang hearing at waiting sa pangalawang desisyon.. And I confirmed with my manager sinabihan daw sya na hintayin nalang magsara ung case ko bago ihain yung huling NTE at suspension. Im kinda thinking I shouldnt even be going through this. Any thoughts po?

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2 Re: Illegal suspension on Thu Apr 12, 2018 7:58 am

lukekyle


Reclusion Perpetua
its the same type of infraction but not the same incident. Yes they are allowed to do that.

Hopefully the sanctions will be the same written warning against doing it again kasi the infraction occurred naman before the final written warning was issued against you.

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3 Re: Illegal suspension on Fri Apr 13, 2018 12:14 am

airamalmonsayt


Arresto Menor
Are they really? Well what Im actually contesting is that when they discovered the additional instances, my case for that infraction was still open. I think it's basic knowledge that when u find any substantiating evidence to a case, it should be presented formally before the release of the decision. But in this case, they deliberately ordered to wait for the case to close before they issue another NTE and suspension memo. I was not absolved of the first infraction but I was given Final Written Warning since they concluded that there were lapses or negligence on my part. I understood that I was given a fair chance to move on and not commit the same infraction. I acknowledged that should I commit the same violation in the future, I would be terminated. And ofcourse, from the time my attention was calles for that violation, I made sure nothing of sort happened again. Until one day I got suspended for the same infraction that I never repeated as agreed on the Final decision. Even my 12yr old son knew that you cannot have 2 cases with the same infraction. As that would be double jeopardy. I know it is progressive and I agreed to it. But having 2 NTE's with the same infraction but not progressive.... I dont think it should be the process

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4 Re: Illegal suspension on Fri Apr 13, 2018 12:53 am

lukekyle


Reclusion Perpetua
yes they are really.
1. double jeopardy only applies to criminal cases.
2. again its not the same infraction since it happened more than 1 time. its like if you are absent. each day is treated as a separate infraction, just like each dropped call is treated as a. separate infraction. just like if you drop a call now it will be considered as another infraction. think of it this way. nag nakaw ka from the vault. you stole P100 twice. one in the morning and one at night. nakita sa cctv yung incident sa morning. pinatawan ka ng suspension and reprimand. after a few months may nag sumbong about the night time theft. sa idea mo you shouldn’t get punished na for the night time theft?
3. i do agree with you that you should not be terminated be ause of the additional dropped calls which happened before you received the final warning.
4.preventive suspension is not considered a punishment as it is employed to protect the interest of the company. it is not meant to be punitive.
4. NTEs are merely notices to explain. your employer can issue as many as the want, whenever they want as long as it pertains to work related matters. you may not question this. you can however question or complain against any sanctions they may impose.
5. my advise is just wait for a decision re this new complaint against you.
if additional reprimand lang then dont mind it.

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5 Re: Illegal suspension on Fri Apr 13, 2018 4:53 am

arnoldventura


Reclusion Perpetua
I don't think the suspension is illegal as it is merely preventive, and preventive suspension is not a penalty. https://www.alburovillanueva.com/discipline-suspension-termination It is imposed merely to prevent the employee concerned from jeopardizing an ongoing investigation. Yes, the company may still punish you for that other drop call incident, just treat of it as another count of a similar violation. Though I agree that you should not be terminated for it just yet.

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6 Re: Illegal suspension on Fri Apr 13, 2018 7:14 pm

airamalmonsayt


Arresto Menor
Thanks for the enlightenment. Double jeopardy was just a comparison because they had to make 2 hearings Kahit sana pinag-isa nalang tutal open pa yung case ko nung binaba yung escalation na yun. Maski sila sinabi nila hindi daw nla mailabas yung isang NTE because of the ongoing hearing. So hintayin nalang daw magclose. It's NOT my idea that I shouldnt be punished for the other instances on that same day. In your example the theft was dscovered after a few months. In my case it was discovered while my case was open. And I think, even before pa na naghearing kami. Kase po during the admin hearing, the HR Rep said, "alam mo ba na may nakita pang ibang disconnected call?" Then he looked at my TL, sbi nya "discuss kopa ba yun?....Ah sige wag na pala"... If that was opened up during that hearing, I would have thought I was doomed for termination. And I would have accepted and acknowledged it then. Kaya nabunot na tinik sa lalamunan ko nung Final Written Warning ang naging decision pero ang next time termination na talaga. Kaya po ayun. So what could be a legally valid explanation for that? Ayoko sana ihalo ang bitterness ko sa sitwasyon kase nagfeefeeling ako na it's a conspiracy to have me terminated. Dito po kse samin once na-suspend ka, alam na yun na chugi na ang kasunod. And nobody wants that lalo na kung parang may mali. Im not a lawyer obviously. But I think Im lucky because in my past work, we had annual seminar with a lawyer about labor rights, and human and women's rights. May idea lang ako but still, I cant really tell kung may point ba tong gusto kong ipaglaban. Im a licensed professional at balak kona bumalik sa pagtuturo ulit kaya I really take my credentials seriously. I dont want anyone telling me na call center lang yan mag move on ka nalang dahil ganyan talaga jan, though lahat yun na ang sinabi. Im not a perfect employee but I took the job seriously just like any other job I could have taken. i know naman po na unli ang NTE. Feeling ko lang talaga mali yung proseso. Mali poba ang yung iniisip ko?

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7 Re: Illegal suspension on Sat Apr 14, 2018 9:22 am

attyLLL


moderator
sorry, can't agree with you that it's the same case. 5 instances of call avoidance is not 1 act, but 5 separate acts.

nevertheless, you don't have to admit what you are accused of so they'll be forced to substantiate their claims. make sure to file an explanation and say you have no way to confirm their claims because you have no access to the database.


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8 Re: Illegal suspension on Sat Apr 14, 2018 4:56 pm

airamalmonsayt


Arresto Menor
Thank you po. So bawat investigation po, isang case? Yung first po kase na bnigay sakin na NTE (one instance of disconnection) was investigated by our QA department. And before papo lumabas ung decision jan, may nilabas naman yung Fraud department na additional 4 instances na similar instance na nangyare din sa parehas na araw (I dnt know if it matters pero ung dsconnected calls po na yun, all of those 5 instances were empty/dead air calls less than 18secs.) sabi po ng Fraud department, bigyan nalang daw ako ulit ng NTE kapag close na yung ongoing hearing ko. Yun po basically ang knukwestyon ko. Bakit po kailangan pa nagmag dalawang hearing pako? dinadahilan po nila magkaiba daw kse yung nagescalate kaya magkahiwalay na due process. Ganun poba talaga?

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9 Re: Illegal suspension on Mon Apr 16, 2018 6:40 am

mikos23

avatar
Reclusion Perpetua
yes ganun talaga. as stated ng iba, it is a separate act, and it is treated as a separate offense.

NTE, or notice to explain, is just a request letter asking you to explain what happened, and it doesn't mean guilty ka. if the recording will support your claim, then you have nothing to worry about.

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10 Re: Illegal suspension on Mon Apr 16, 2018 9:24 pm

Jobeem1


Arresto Menor
Hi atty meron po akong katanungan
Last two years ago po. Naka work po ako sa Teleperformance as a customer service rep, probitionary pa po ako noon. My pregnancy was delicate I keep on going to the clinic kc di ko na alam ung problema ko sa pag bubuntis, sometime nag absent po ako NCNS or No Call No Show kasi po I am living alone, di madali maka hanap ng landline phone. Pero kapag pag dating ko from my absence going to work meron po akong medical certificate coming from my Obygne. Ang question ko lang po, our OM terminated me from work without due procesa, pina perma lang po ako nya termination paper without going to our HR, I didn't went to DOLE at that time cause I don't really know how law works. I just try apply another company that can accept me without any hestitation, what I think about that is that I need work for supporting myself and my kids.
So what can I do?? Its already 2 years.

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11 Re: Illegal suspension on Mon Apr 16, 2018 9:34 pm

Jobeem1


Arresto Menor
I was hired at a company as probitionary again. While I am still on training,they processed my BGC (background check). They made a due process beacuse they found-out that I'm done with my first year college years not a second year college year, by the way qualification kc nila is already done 2nd year college.
I present a certification given to my Dean that I am already finished my second year college years with her signature.
Ngayon they terminated me and I had a BAN for 100,000.00.
Please help me out.
Thanks



Last edited by Jobeem1 on Tue Apr 17, 2018 8:27 am; edited 1 time in total

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12 Re: Illegal suspension on Tue Apr 17, 2018 7:40 am

Patok


Reclusion Perpetua
did you really finished 2nd year college? Then if yes, where did they get their info na 1st year lang natapos mo?

Also - if they terminate you, you don't have to pay the ban.

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13 Re: Illegal suspension on Tue Apr 17, 2018 8:19 am

Jobeem1


Arresto Menor
I didn't finish 2nd year college. They went to the school to clarify, then I got my final grades to the school as they want me to do so.
I should pay the BAN for 100,000 for not completing the 6 months probi, yes they terminated me.
😭

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14 Re: Illegal suspension on Tue Apr 17, 2018 8:24 am

Jobeem1


Arresto Menor
Guys sino po to si Mrs. Joyce Philips?

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15 Re: Illegal suspension on Tue Apr 17, 2018 8:27 am

mikos23

avatar
Reclusion Perpetua
You didn't finished your 2nd year college and yet you have a certification from your Dean that you did?
Then they do have cause to terminate you.

Also, check your contract. Does it really state that you should pay the training bond of 100k for not finishing the 6 months probationary? usually training bond states that if you complete the training and you did not stay for a certain period, they you are liable to pay for that bond.

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16 Re: Illegal suspension on Tue Apr 17, 2018 8:29 am

mikos23

avatar
Reclusion Perpetua
Just ignore it... it's a scam

Jobeem1 wrote:Guys sino po to si Mrs. Joyce Philips?

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17 Re: Illegal suspension on Tue Apr 17, 2018 8:34 am

Jobeem1


Arresto Menor
By the way Can I go back into there company to re-apply eventhough I was being terminated??

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18 Re: Illegal suspension on Tue Apr 17, 2018 9:43 am

mikos23

avatar
Reclusion Perpetua
You can re-apply but I doubt that they will take you again.

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19 Re: Illegal suspension on Wed Apr 18, 2018 8:40 am

airamalmonsayt


Arresto Menor
Thank you po sa lahat ng sumagot sakin. Nagamit ko po sya to understand things better. They acknowledged lahat ng ni raise ko. actually yung iba kong mga ksama with the same offense as mine, naligwak. ako Final written warning. But we had different hearings. Pinakita ko kse na lumalaban ako and that I was taking things seriously and legally... I had to. Kase sa industry nmin inaabuso nla ang mga agents, napaka expendable kse ng call center agents kase u can always hire a new one. maliit na bagay kht di mo sadya tatanggalin ka nla sa work without considering tenure performance or whatsoever. Thanks po sa lahat ng pumansin Smile

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