Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Show-Cause Notice

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Show-Cause Notice on Sat Mar 26, 2011 12:33 pm


Arresto Menor
Can anyone help me please?
Our HR gave me this letter:

Based on the records and investigation conducted by ____ Human Resource Department, it was found that you have committed the following violations from the date you were hired:

  1. Internet Usage Policy last October 27, 2009 and January 30, 2011 where you caught accessing non work-related website.
  2. Tardiness on the following dates:

    1. January 22, 2011 for 30mins
    2. November 05, 20009 for 10mins (the year is written that way)
    3. November 06, 2009 for 5mins
    4. September 09, 2009 for 15mins
    5. June 14, 2009 for 20mins

  3. Overbreak last October 29, 2009
  4. Undertime November 13, 2008 (I was hired March 2009)
  5. Wilfull Neglect of Ones’ Duties and Responsibilities last January 2010 where you got 70 points.
  6. Dress Code Policy last March 25, 2010 where you caught wearing jeans on a Thursday.
  7. Unauthorized Absence last February 05, 2011
  8. No Call No Show last March 15, 2011.
  9. Message Avoidance last February 22, 2001.

Furthermore, your acts constitue grounds for dismissal for employment under Article 282 of the Labor Code, as amended, to wit:

  1. Serious misconduct;
  2. Gross and habitual neglect of duties
  3. Willful disobedience by the employee of company rules and regulations; and
  4. Other analogous grounds

Accordingly, please explain within 5 days upon receipt of this notice why no disciplinary actions including dismissal, should be taken against you for having committed the said offense/s.

Failure to to submit a written explanation within 5 days from receipt of this notice will be considered as a waiver of your right ot be heard and shall be construed as an admission on your part of the commission of the above-stated offense/s.

In my offense number 9 (it's a terminable offence), but they don't have screenshots that will will directly link me to message avoidance. but i don't have a choice but to sign their Disciplinary Action or they'll charge me of Negligence.

We have 6months refresh period ( or roll-in period or something like that where your offenses goes back to zero, if that could help).

What should i write here?
Can anyone help me?
thank you.

I resigned from the company and my last day is April 2. they have like 8 days from now to process my termination.

Last edited by otakups on Sat Mar 26, 2011 12:44 pm; edited 1 time in total (Reason for editing : Additional Information)

View user profile

2 Re: Show-Cause Notice on Sat Mar 26, 2011 6:13 pm


you already filed resignation and they initiated termination proceedings? bad blood?

focus on the long range of period the minor offenses were committed. contest the basis for the major offenses.

[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

3 Re: Show-Cause Notice on Sun Mar 27, 2011 12:59 pm


Arresto Menor
wow, that was fast.

yeah, i think the guys over there hate me.
it has something to do with their IT guys there that whatever restrictions they put on our system, i still manage to bypass it.

but i'm not doing anything that could harm the company's operation. i access mspaint, notepad, cmd and internet connection which are all restricted. i'm just trying to show the IT guys there how vulnerable their system securities are, and i don't know, maybe because it's fun to annoy the IT guys with bypassing.

they don't have any policy that covers system security, maybe that's why they accused me of hacking their software application(the one we use for work) to avoid or lessen my work which is not true. probably the closest policy they could use.

they only caught me using and notepad.exe which according to them, these programs could be used to modify the application or to avoid messages. but like i said earlier, they don't have any proof that I modified their app since i really didn't do it.

thank you very much for your advise.
i don't really have any idea before what to write to the letter.

i'll try to compose my letter and post it here. i'll be passing it on Monday (March 28)

and again, thank you for the quick response. more power to your site.

View user profile

4 Re: Show-Cause Notice Today at 11:36 pm

Sponsored content

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum