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FACEBOOK issues - suspension for 30 days

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1 FACEBOOK issues - suspension for 30 days on Thu Sep 29, 2011 2:06 pm

ladyboss_15


Arresto Menor
Good Day po..

I am seeking for advice po. Gusto ko lang po malaman kung pwede po ba maging grounds ng demanda ang print outs ng wall sa FACEBOOK ACCOUNT?

I am currently working po sa isang medical clinic kung saan sa amin po nagpapamedical mga australia, canada, NZ and US visa applicants, sa sobrang katoxican may mga chances na magpost ako sa wall ko about sa katoxican ng mga visa applicants, at ikinagalit ito ng medical director namin. sinisira ko daw ang image ng xxxxxxx. I was so shocked nung pinatawag nya lahat ng nag-like sa mga post ko at nag-comment. pinagmumumura din nya. pinaprint po ng medical director namin lahat ng post ko sa wall ko na about katoxican lang naman ng mga visa applicants. And he told them na dadalin daw niya sa lawyer yung copy ng print outs.

Now, gusto ko po malaman kung pwede ba nila gamitin yun na grounds para idemanda ako?

kahapon po pinatawag ako ng OIC namin at sinabihan na i need to pass a written explanation within 5 days simula ng matanggap ko yung notice nila.. written explanation daw na kelangan ibigay kanila kung bakit ako nakapag-post ng mga ganon.. yesterday is wednesday.. wala po kaming pasok sa office ng weekend, and sabi nila counted daw yung sat and sun sa 5days na sinasabi nila.. I texted the HR and asked her what if the written report will be avail on the 4th of 5th day which is mag-fall ng weekend.. and I got no response from her.. today po ang effectivity ng 30 days suspension ko..

para nila akong tinotorture mentally and emotionally. na-e-stress na po ako masyado. hindi ko na po kasi alam gagawen ko dahil wala naman po ako alam sa ganito. I am 25 years old lang po and a single mom.

please do help me po and give me po advse kung ano po dapat ko gawin,

thank you so much and more power!

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2 Re: FACEBOOK issues - suspension for 30 days on Thu Sep 29, 2011 8:00 pm

brazil


Arresto Menor
You have to reply with the memo requiring you to explain. After that, they will have to assess your explanation if it violates any of your company rules. If in case it violates any of those, check if the sanction is appropriate with regard to your violation. You have no other option but to ask for apology.

I advice you to keep out of Facebook it does no good to employees especially if you do it on your office schedules and posting on facebook something about your work is a big NO NO kahit pa favorable yan sa company. Remain your facebook as your personal diary and keep it private as possible.

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3 Re: FACEBOOK issues - suspension for 30 days on Thu Sep 29, 2011 8:53 pm

attyLLL


moderator
and you just did it again by mentioning the name of your employer.

as long as a statement can be seen by others, then it is considered a public statement.

i recommend that your target here should be to get as slight a punishment as possible. but if they terminate or suspend you, I think it will be too harsh.


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4 Re: FACEBOOK issues - suspension for 30 days on Fri Sep 30, 2011 10:04 am

ladyboss_15


Arresto Menor
meaning atty yun pong written xplanation ko pwd ko lagyan ng paghingi ng apology?

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5 Re: FACEBOOK issues - suspension for 30 days on Sat Oct 01, 2011 12:16 pm

attyLLL


moderator
you can if you think it will help. try to show the minimal damage that it caused, that you immediately deleted it, etc.


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6 Re: FACEBOOK issues - suspension for 30 days on Tue Oct 04, 2011 1:15 am

yahji23


Arresto Menor
what if kung workmate mo ung nagpost ng picture pertaining to a person na hindi naman sya...pwede bang kasuhan un???

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7 Re: FACEBOOK issues - suspension for 30 days on Wed Oct 05, 2011 6:46 pm

attyLLL


moderator
it can be arguably libel


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8 Re: FACEBOOK issues - suspension for 30 days on Sun Oct 16, 2011 12:53 am

ladyboss_15


Arresto Menor
Good PM atty.. just wanna know po.. if i can file a resignation habang naka-suspend ako?..

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9 Re: FACEBOOK issues - suspension for 30 days on Sun Oct 16, 2011 1:08 am

ladyboss_15


Arresto Menor
nga po pala atty, i had a meeting with the company's lawyer, oic and the HR last monday.. hindi ko sinasadya na napatingin ako sa hawak ng lawyer nila, folder po na un.. andun yun letter na binigay nila sken, the day before nila ako isuspend.. andun po sa unang una yun explanation letter ko.. nakasulat po ng malaki.. "for termination", possible po kaya na palabas na lang ang mga investigations kuno sa ginagawa pero nakapag-decide na sila.. kumbaga, para wala na akong habol kasi nga naman dumaan sa maayos na proseso kunyari pero ang totoo naman eh, hindi na talaga kelangan kasi nga po may decision naman na sila talaga..

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10 Re: FACEBOOK issues - suspension for 30 days on Mon Oct 17, 2011 7:25 pm

attyLLL


moderator
yes, you can, but the company is not bound to accept the termination at this point.

for termination is vague. it could just mean the supposed offense can be subject of termination. if you file a case, you can mention it, but it is not conclusive.


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11 suspension on Thu Oct 20, 2011 12:15 pm

ladyboss_15


Arresto Menor
gudam po atty, wat if the medical director talk to me at mura2hin ako? maliitin? is it oral defamation? and wat f tanungin po nila ko to choose between resignation or termination? is it considered as force resignation?

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12 Re: FACEBOOK issues - suspension for 30 days on Thu Oct 20, 2011 9:30 pm

ladyboss_15


Arresto Menor
Good PM po atty.. I went to the office this afternoon and i was given a letter from them that I am terminated.. wala po ba akong laban dun?.. sabi po 3 days after mtnggap letter nila ang effectivity ng termination.. pwede po ba yun?.. terminated ako habang suspended?

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13 Re: FACEBOOK issues - suspension for 30 days on Thu Oct 20, 2011 9:35 pm

attyLLL


moderator
yes, that is possible. your remedy now is to file a complaint at nlrc. if you need more information, you can contact me at attylllaw @ gmail.com


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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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14 Re: FACEBOOK issues - suspension for 30 days on Fri Oct 21, 2011 8:41 pm

ladyboss_15


Arresto Menor
thanks atty.. I will send po an email sayo.. God Bless

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