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Notice to explain...

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1 Notice to explain... on Sat Mar 12, 2011 5:27 pm

jetpilot_88


Arresto Menor
I need to consult you on a possible labor case. I received a Notice to Explain from my direct superior that is accusing me of insubordination and negligence that is subject to dismissal if proven. I am a Manager in the company with a proven track record for the past 3 years and a clean 201 file for over 8 years, eversince I was with the company. The accusation was based on an alleged instruction to produce an affidavit by an ad agency in a meeting that was held on Oct.6 last year. According to the notice, the instruction was to produce the affidavit from an ad agency the following week after the meeting. The affidavit was to be used if a complaint was filed against the company. Unfortunately, my understanding was to defer any action, until a complaint was filed against the company.

During the said meeting where the alleged instruction was given, there were 7 people present including myself and the agency involved. And yet, a week after that, and even months after, the agency did not submit the affidavit nor was I followed up for the said affidavit by my direct superior (who filed the notice to explain) nor the other people present in that meeting to remind me.

On February 25 of this year, a complaint was filed against our company because of the lapse from that agency. My superior demanded for the affidavit and pointed out that this was instructed during the Oct. 6 meeting. I mentioned that my take-away during the said meeting was to defer any action until a complaint was filed. Nevertheless, I coordinated with the agency to produce the affidavit and emailed the said document to him and another manager on the next day. Fast forward to March 11, a notice of explanation was served to me. I maintained my innocence and he said that I should have "cleared" the instruction with him. What should I clear if I did not hear the alleged instruction in the first place?

I know that these can not be sufficient grounds for dismissal given the accusation of negligence and insubordination. But my boss is new with the company, needless to say, we don't see eye to eye on several issues. And i want to be show them that I am serious about suing them if this drags on further or if they plan to continue to harass me with threats like these. So I want my response to that notice to contain "legal jargons" to make it sound like I consulted my lawyer first. I am thinking of putting in words like unjust vexation and harassment into the said response.

What do you think? I think naghuhugas kamay lang yung boss ko.

Can you help me produce the said explanation?

Shall I have the said explanation notarized?

Is this sufficient ground to submit a complaint to the NLRC?

Do I have a strong case?

Help please attorney....

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2 Re: Notice to explain... on Sat Mar 12, 2011 9:52 pm

attyLLL


moderator
why is the affidavit needed? what does it say? is it standard to get one? in past projects, do you require the supplier to produce one?

failure to do so, by itself should not be basis for termination.


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3 Re: Notice to explain... on Mon Mar 18, 2013 9:26 pm

jeyzsonic_geek


Arresto Menor
I NEED A LEGAL HELP PLS. . .I am currently employed here in a BPO company in Cebu City under a travel account for almost 4 years now. Until I was alleged of an 'harassment' case from an escalation over the phone after I tried to call the customer back with clear intention. It turned out to be a total misinterpretation by the customer from my attempted call backs and was unfairly misjudge my credibility as a travel arranger to her for my sole intention towards those call backs was just to help her out on her dilemma. There were even no escalations to all my call backs nor recorded misconduct to justify such deteriorating act against my proactive actions. Besides, I was not even against the customer at all. Now, I was then endorsed to the HR and was required to submit a written explanation within 5 days for an NTE in support to my side. After that day, my account credentials was disabled and disbanded from full-access unfortunately. This manifest that I was already taken off the phone by the account after the said report had arised. Just before the 5th day, I did submitted my explanation in a written form to give detail and justify my behalf against the allegation. Now my concern is, I don't know what is my current status since I can no longer take calls and don't know if am still obliged to report to work until further notice. I can't even tell if I am currently under a 'Preventive Suspension' since no memo or what not was been issued to me by my direct sup or manager nor from the HR itself. I was even NOT YET TERMINATED by the company until proved convicted of the act since I still have my full-access to the office as far as my logs and schedules on a daily basis with my breaks and lunch determined. So I'm totally confused! I did tried to approached this to my sup but he doesn't even have any say at all. So my question is, am I still paid in full for the next pay as I continue to report to the office for a total of 8 hours even without taking calls? I don't exactly know what is my current status now while waiting for the admin hearing. I'm afraid of the possibility that this may result into negligence of duty and worse TERMINATE me instead of not reporting to work at all. Please help. T_T

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4 Re: Notice to explain... on Wed Mar 20, 2013 9:59 pm

attyLLL


moderator
if you have not been given a notice that says you are suspended then you should continue to report to work and should still be paid.


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5 Re: Notice to explain... on Thu Mar 21, 2013 12:14 am

CallCenterEmployee


Arresto Menor
Imo, Just continue go to work and they will pay you in a daily basis. Petiks mode.

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6 Re: Notice to explain... Today at 6:22 am

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