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defamation / slander by deed in the workplace

2 posters

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kmi


Arresto Menor

attyLLL,

Good day. With the recent changes in herierchy in our workplace much office politics has been going on prior to applying/nominating candidates for a higher position.

A colleague escalated an instance where I was supposedly fudging my production figures. This prompted our midlevel manager (an expatriate) to do an investigation on me.

I was asked during the morning huddle in regards to the instance and I explained my side. In the afternoon, I was requested to explain it again through email.

I replied. My conscience is clear and I said that it was more of process improvement (I was bored and decided to experiment around with the programs) and my previous stats would prove otherwise.

I am assuming this was not an NTE.

The manager said it's not over yet and will continue the investigation.

Point taken. I will not apply (nor eligible anymore I assume) for the higher position at hand.

However, I would like strike back. I would like to file a case in regards to the people who are basically "stalking" my stats and escalating it behind my back.

Questions:

1. Besides going to the company HR, can I also file an independent case? Does this process need to go via the NLRC?

2. In case HR/tech dept denies me of my request for certain email trails that I might need, can I go through legal means (hiring a lawyer) to force them to give me copies of email trails?

3. Can an expatriate in the workplace be issued a subpeona? a warrant?


TIA.

attyLLL


moderator

i don't normally recommend it because you are making things worse in the work place, or at least, wait until the end of the investigation so that it will have better credibility.

you cannot get communication as evidence because they are considered private and privileged.

expats may be subpoenaed

https://www.facebook.com/BPOEmployeeAdvocate/

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