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serious misconduct

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1 serious misconduct on Wed Jul 18, 2018 12:27 am

yurixenomimi


Arresto Menor
is finding a phone and placing it in locker to be returned after shift, not informing anyone, is it serious misconduct which resulted to termination? thanks.

ill be glad to explain the whole scenario and decicion from company for termination if you want coz i also want to know if i can win if i file illegal dismissal in nlrc.

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2 Re: serious misconduct on Wed Jul 18, 2018 6:34 am

maxwell_24


Arresto Mayor
If you find a phone and you know its not yours why put it in the locker? you should take it to your immediate superior or ask fellow workers who are looking for a cellphone. placing the cp in the locker even when your joking can mean stealing. Illegal dismissal occurs if the company did not follow due process of termination.

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3 Re: serious misconduct on Wed Jul 18, 2018 8:19 am

Patok


Reclusion Perpetua
if you put it in your locker.. that's theft.

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4 Re: serious misconduct on Wed Jul 18, 2018 8:28 am

yurixenomimi


Arresto Menor
I found the phone during my lunch break where i always take a nap.when i found the phone and put it in locker, i tried to look for the owner by going around the floor looking for a person trying to lookk for something but due to time constraints, i went back to my locker and put it in front so aftershift i can remember it.taking a nap was more important for me that time since it was queing and stressful that day plus my wife was sick and i was the one handling everything in our house with our 8yr old kid so i was not able to get enough sleep.when i found the phone i decided to return it after shift in 1st floor before i leave the premises. I found it in 4th floor sleeping area.then i took a nap on the same floor sleeping area.i forgot to tell anyone.i forgot about it because it was queeing that day and i was already decided to return it after shift.but before i left production area, i was already accompanied by security and did a locker search.i was speechless when it happened. I was in shock.but when i opened my locker i told them if this is regarding the phone i found.

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5 Re: serious misconduct on Wed Jul 18, 2018 9:26 am

Patok


Reclusion Perpetua
you should have turned it over to the guard on duty instead of putting it inside your locker.

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6 Re: serious misconduct on Wed Jul 18, 2018 6:46 pm

attyLLL


moderator
no chance unless you take one


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7 Re: serious misconduct on Thu Jul 19, 2018 3:44 am

arnoldventura


Reclusion Perpetua
Too bad for you if your intentions are really what you just narrated. But if we will only base it on the circumstances, you really cannot blame anyone for thinking that you stole the phone. The company's decision would still be based on evidence, and they could easily defend their decision to discipline you for serious misconduct just in case you file an illegal dismissal case (assuming that the two-notice rule was observed). https://www.alburovillanueva.com/dismissal-termination-employment

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