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suspension without just cause

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1 suspension without just cause on Wed Nov 02, 2011 3:07 am

nicoleCCC


Arresto Menor
Hello Attorney!

I would like to inquire the following items because I feld that I was sanctioned without just cause:

1. Can the immediate supervisor of the complainant be part of the deciding committee? Is it legal that the people in the disciplinary committee are directly connected to either the complainant or the accused?
2. Witnesses' statements were all in favor to me but I was still sanctioned.
3. The company can't define the sanctions that were issued.

Thanks in advance!

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2 Re: suspension without just cause on Wed Nov 02, 2011 11:44 pm

attyLLL


moderator
yes, they can be part of the committee. what sanction did you receive? what were you accused of?


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3 Re: suspension without just cause on Thu Nov 03, 2011 8:20 pm

nicoleCCC


Arresto Menor
i was given a suspension sanction for a malicious and offensive remark which was uttered in jest and the context of the statement was really a joke. also the complainants are my office friends so the comfort level is there plus the fact that it is "legal" and usual in the office to joke around. this argument/reasoning was solidified by the witnesses' testimonies.

if the company doesn't have a clear definition of these offenses (malicious and offensive), of how actions can be tagged as malicious and offensive, and just stated that the definitions are the same as merriam-webster's definition, is it safe to say that profanity or harmful statements are the only applicable to this case? also, if a person says that they were offended by just a single word which is not identified in the employee handbook (and filed an incident report against me), can i contest it and bring it to nlrc since i was issued a suspension sanction?

and by the way attorney, if i'm just rendering days when the investigation/hearing took place, is the sanction still valid?

thank you attorney!

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4 Re: suspension without just cause on Sat Nov 05, 2011 7:45 am

attyLLL


moderator
you can contest the suspension by filing a case at 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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5 Re: suspension without just cause on Sun Nov 06, 2011 7:34 pm

nicoleCCC


Arresto Menor
thank you attorney!

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6 Re: suspension without just cause on Thu Nov 07, 2013 4:00 pm

alexisbantilan


Reclusion Perpetua
if there's no definite violations based on your handbook then there's no violations committed.

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