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Suspension from work

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1 Suspension from work on Wed Jun 01, 2011 1:40 am

candy.luvs2read


Arresto Menor
I work for a BPO handling reservations. Please advise me on what best to do in this situation. On March 27 a colleague advised me that they suspected a fraudulent credit card activity involving another colleague of ours. We have guidelines on how this can be detected but can't find any indication to support the accusation. I thought it was all based in rumors and ended up reporting the incident to a supervisor last 2April. The agent involved the card fraud was placed in preventive suspension but on Good Thursday 21April I got served with a correction action form and in it says that I have to explain why I should not get a 3-5day suspension regarding my late advise of the card fraud to an immediate superior. I said that it was because I can't find any reason to support the claim and believed that it was rumor-mongering only. Now 30May, they are coming back w/ the decision for the suspension. Will this constitute illegal suspension? In our COC there is a prescribed 48hr period for our supervisor to deliver the decision on the corrective action. But they just delivered it to me. What should I do in this case and how can I apply for an appeal to the decision? Thank you.

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2 Re: Suspension from work on Wed Jun 01, 2011 7:30 pm

attyLLL


moderator
i recommend you draw up an appeal letter and explain why you believed you should not be suspended. send it to the ones who decided to suspend you copy furnished to someone higher than them.

if they don't reverse their decision, you'll have to choose whether you will elevate to nlrc


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3 Re: Suspension from work on Sat Jun 18, 2011 4:30 am

joden5000


Arresto Menor
Hi, I am a Team Lead for a BPO company. I was given a 30 days suspension today on account of a complain by one of my agents that I was deleting her OT hours in her time clock.

The company gave me a show cause or Notice to Explain on why I should not be held liable for Gross Negligence on account of this. It was stated that since I am approving the time card daily, How come I did not see that agent was not being tagged.

On my explanation, I told my manager that the problem was the profile of the agent in the time card. The agent was profiled incorrectly and I am not deleting or removing her OT hours.. Instead of having a profile of 9 hours by 5 days work (8 hours work + 1 hour lunch), the agent was profiled as a 11 hours by 4 days work (10 hours work + 1 hour lunch). I informed them that the 11 x 4 work shift is not even applicable to our account. Furthermore, I have no knowledge that the company is offering a 11 x 4 work shift. Never in my almost 3 years with the company has this thing occurred. I also informed them that on other cases that I see or encounter a potential problem with my agents, I always escalate the matter to proper people in the company. From the time that the agent was transferred in my team, to the time that a complaint was made, it was already 2 months. The agent had received her salary 3 or 4 times already before the complaint was made.

During the administrative hearing that was done, it was clearly stated that I cannot see the profile of the agent in her time card when I am approving it. I also informed them that the agent has been with the company for more than a month prior to being transferred to me. If a mistake was made on her profile, it should have already been corrected when they were in training. I am just the end effect of the error committed by another person. I also reiterated during the hearing that potential payroll problem of agents are always being escalated to proper channels. I was asking them on how can I be Gross Negligent on my duties if I am showing the diligence of a good father of the family when approving the time card of the employees. How can I be charged with Gross Negligence for something that was never an issue or even discussed with me during my tenure as a Team Lead with the company for almost 3 years now. How can I be Negligent on something that I do not even know exist or is a part of the practice of the company.

Atty, is it right for my company to give me a 30 days suspension for this? They told me that 1st offense for Gross Negligence is Dismissal but I was only given a 30 days suspension. Furthermore, after I was given a Show Cause but before the hearing, another team lead of the company sent an email informing the entire company that some agents are complaining that they are also not being paid OT because of wrong profile in their time card. Our Senior Manager just said that it should be corrected before a labor case could be filed against the company. Can I file a case against the company for Illegal Suspension and Unfair Labor Practice? If the senior Manager’s email is simply to correct the agent’s profile instead of giving NTE to the various Team Leads with the same predicament and possibly suspending them also constitute unfair labor practice? Can the saying “What’s good for the Goose is also good for the Gander” be applicable on this case?

I am hoping for your kind response on this matter. Thank you very much for your kind consideration on this matter.

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4 Re: Suspension from work on Sun Jun 19, 2011 8:24 pm

attyLLL


moderator
as above, i recommend you write a letter of appeal to those who suspended you. if you are really going to bring it further, then you will have to file a complaint at the nlrc for illegal suspension, and this can be a career killer if you are staying in the company.

to prove your point, maybe you can take screen shots of the process to show that you had no visibility to the profile. ask the other sups to do the same so you will have documented evidence that you should not be held at fault.


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5 Re: Suspension from work on Wed Jun 22, 2011 9:41 pm

joden5000


Arresto Menor
Atty,

I had already sent an email to the site director of the company last June 20, 2011. Until this time of writing, nobody had given me any feedback that something is being done on my appeal. Not even an answer that they had received my letter of appeal. i understand that going to nlrc to file something is a career killer since it will draw bad blood between me and the bosses of the company. however, i am afraid that if i let this pass, they might look for another mistake where they can nail me for good or give me another NTE and give another suspension. Another question is, what constitute technical termination? in my first letter, can i file a case of unfair labor practice against the company on account of the SOM's answer regarding a same issue with another team lead?

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6 Re: Suspension from work on Wed Jun 22, 2011 9:48 pm

joden5000


Arresto Menor
Hi Atty,

I was asking about constructive dismissal and not technical. sorry for the wrong term.

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7 Re: Suspension from work on Thu Jun 23, 2011 8:51 pm

attyLLL


moderator
the term 'unfair labor practice' refers to attempts of management to prevent the creation or operation of a union.

constructive dismissal is where they put you in a situation to make you want to resign because it has become unbearable. though you feel bad, this does not apply.

you have the right to question the suspension, but again, you have to file a case at the nlrc. there you can raise the issue of the unequal treatment.


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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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8 Re: Suspension from work on Fri Jun 24, 2011 1:42 am

joden5000


Arresto Menor
Atty,

Thank you very much for your kind advise on this matter. At least for now, i already have an idea on what to do regarding this matter.

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9 Re: Suspension from work Today at 2:02 am

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