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Preventive Suspension

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1 Preventive Suspension on Sun Mar 20, 2011 11:51 am

Richie.319


Arresto Menor
Hi,

Just wanted some advice regarding my case. I was put on a 30-day preventive suspension without substantial proof for something that my employer is accusing me of doing.

I work in an offline account and we have a mailbox for which we can access emails from clients. This mailbox is accessible to everyone working in my account and it leaves no "fingerprint" of the last person who handled, opened, moved, or deleted the file. My employer accused me of deleting certain emails. When they served me the preventive suspension memo, I asked for any proof from them to justify my being linked to the said deleted files. they have none. not even a screenshot.

I am aware that it's the employer's privilege to put an employee on a preventive suspension if they deem it necessary. my question is, can they put me on suspension without substantial proof that I am directly responsible for deleting those files?

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2 Re: Preventive Suspension on Sun Mar 20, 2011 1:26 pm

Richie.319


Arresto Menor
Pwede na po ba ako mag file ng complaint against my employer as early as now or should I wait for the results of their "investigation" ?

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3 Re: Preventive Suspension on Sun Mar 20, 2011 5:04 pm

attyLLL


moderator
they can put you on suspension if you pose a threat to the business. if it is not proven that you are at fault, you are to be paid for the days that you were suspended.

you can file the case now, but i recommend you ride this through first. let them know you are ready to file a case at nlrc.


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4 Re: Preventive Suspension on Sun Mar 20, 2011 9:09 pm

Richie.319


Arresto Menor
so proof may or may not be a prerequisite for preventive suspension, kumbaga "tamang hinala" lang is enough for an employer to put an employee on preventive suspension if they think I pose a threat to property, operations, etc., tama po ba?

Should they refuse to compensate me for the 30-day suspension, ano pong case pwede kong i-file against my employer?

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5 Re: Preventive Suspension on Mon Mar 21, 2011 9:24 pm

attyLLL


moderator
i would say it requires a good faith basis, because the test is that you present to be an imminent threat to the company property.

you will have to file a complaint at dole or at the nlrc.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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6 Re: Preventive Suspension on Mon Mar 21, 2011 10:32 pm

Richie.319


Arresto Menor
that explains a lot.. thank you po sa answers atty and more power! Smile

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7 Re: Preventive Suspension Today at 6:40 pm

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