issuance of corrective action

Hello atty. Our company policy states that corrective actions must be issued to the employee within 72 hours upon discovery of possible violations. What if the alleged violation is committed a year ago and they only issued the IR to the employee today, is that valid? Thanks in advance.

IMO it is still defensibly possible

Thanks for the response. The situation is like this, I made an unintentional mistake in updating one of the records and the moment I learned about it I've notified the department concerned and asked them how I can possibly correct the error. I never got a reply from them despite several follow ups And now a year had passed and they issued me IR for the said negligence. I already submitted my explanation for the incident and just awaiting for feedback. Do I have any chance to defend myself since the violations stated on IR are major and terminable offenses? Thanks again

do not rely on the procedural lapse as your main defense. what happened was an act of negligence and it was solitary. for termination to be valid, negligence has to be both gross and habitual.

Hi! Atty.,


Clarification re: validity of issuance of corrective action. Is it really legal to be sanctioned or to be receiving a notice to explain more than the allowable hours/days(72 hours) after the incident/infraction was done?

Isn't it that your immediate superior(supervisor) can no longer serve you any notice to explain / corrective action for the infraction u made after the allowable time given to him/her to make her corrective action(NTE/DA/MEMO) after the incident or alleged infraction happened, like for example after 72 hours? If ever your IS serve you one, you may just simply response to it if it is only NTE-Notice to Explain but if your IS is already serving you a NDA-Notice of Disciplinary Action, you may refuse to sign the said document provided there would be a witness, one who's with your same level/position.

there is no law that requires administrative action within 72 hours. that can be company policy, but even with such a policy and beyond that period, i say that a company can still take action depending on the gravity of the offense.