Preventive Suspension without Pay

Good day Atty's.

I were under preventive suspension last Sep 13, 2013 until Oct 12, 2013 for the violation of Acts against Fraud. I were falsely accused by my officemate who were really involved on that fraud.

After the investigation, they found out I were not involve and I were able to return to work last Oct 14, but they transferred me to another department, they said they cannot put me again to my old department since they still had a doubt that I were involved in the fraud. They also want to demote my position, but I told them that I cannot accept it since they don't prove that I am guilty. Some big boss decided to discuss this matter during their lunch and after that they told me I can keep my position but still they will continue to transfer me to other department.

My question is:
1. Does my company needs to pay me during my preventive supension? They told me they will not pay but before I signed the preventive suspension letter, they explained I will be paid once they found me not guilty of the charge.

2. I asked the HR if can have a copy of the written statement of my officemate who were falsely accused me since my family decided that we will file a civil case for those who accused me, they told it was confidential and they will not give me any copy. Do I have the rights to have a copy of that statement?

3. Can this affect the computation of my 13th month pay?

Thanks.

if it's not paid, then yes it will affect computation for your 13th month pay.

so it is legal they will not pay my salary during my preventive suspension?

yes, unless otherwise stated.. or you can use your leave credits if you have any.

ok thanks, how about the question number 2?

you can not force them as those are confidential.

1. Preventive suspension are not paid but since the company promised you, you can run after it but it would be difficult since it is only verbal

2. Only with a written order from the judge can compel the company to present those documents to you since it is a confidential document

3. Yes

thanks for your reply.

you do not have to be paid during the period of preventive suspension. however, if the charges are not proven, you should be paid the salary for that period.

they can transfer you, but not demote you.

HI Atty,

I have the same concern, they put on preventive suspension because of FRAUD which i didnt commit. the PS was effective dated October 4 2013, and up to now they still havent given me the result, the HR representative whose handline the case sent me an sms that they will serve me the notice of decision by monday, which is nov 4, 2013. its the 31st day already, I signed a paper stating that they will only put me on a 30 days suspension.

also my boss informed me that the result is termination, there where a lot of loop holes in their allegations towards me. they said that i commit dishonesty and under pur CODE of Conduct its a ground for dismissal. Its actually a payroll concern, in which i dont have an access. if they will terminate me, where can i file a case againts them?

its actually a bonus that was put in my payroll account, they said that it was not supposed to be mine, it happened january this year, no one from HR approach me to inform me that the bonus that i received was a mistake,

i assumed that the bonus was mine because i also refer some applicants to apply to our company that time. they only served me a notice to explain last month, oct 4 and at the same time serve my suspension notice which i actually tried to dispute, because based on our policy they will only put an emplpyee to preventive suspension if the employee is an immediate threat to the company. My alleged violation was way back january this year, and by the way i was with the company for 5 years, and i dont have any record of misdoing. i just think that its unfair on my part that i didnt do anything and they will terminate because of the mistake that they made on finance, i think that they are only doing this to show the upper management that they are doing something to rectify and i am being a victim of a witch hunting in our company.

these are the alleged violation that they said o committed:
Dishonesty
Committing act of forgery and/or fraud , or any attempt thereof which shall include but not limited to the ff:
1. any act of forgery
1 Misrepresentation to gain incentives or recognition either given by client or company. these include but not limited to emplpyee referral fees, performance incentives, awards and bonuses

and answered with these

• I didn’t forge any of the documents nor intervene with the hiring process
• I have no means of adding applicants name under my referral list
• I don’t have access to Payroll System or Incentive System to add those under my name
• I assumed that the bonus credited was mine since I also refer applicants

Hi attyLLL, thanks for your response, last time I talked with the HR manager, she told me that as per the instruction of the vice president of the company, the period during my suspension shall not be paid. He said it will be look like a reward if they will pay my salary during that period. If I will asked again our HR, what should I say so they will pay my salary during that period?

Hello Atty,

I would like to seek advice about being placed under preventive suspension. I served an NTE with a document about being put into preventive suspension of not more than 30 days pending to investigation. This was effective on Nov 10, 2016. I attended hearing on Nov 30, 2016 and presented my side about the allegations. HR told me I will from them again after a 24 hours but it did not happen, I was called through the phone by my immediate supervisor on Dec 6, 2016 saying that I can already return to work and that my preventive suspension is already uplifted. I asked the HR manager if the days of being put into preventive suspension would be paid and this would be a total of 19 days and she told me it will not be paid because the reason they put me into preventive suspension is valid. Question is, if they let me come back to work after having deliberating if I should be dismissed due to DISHONESTY, that would mean that what ever they came up to isnt valid that's why they want me to return to work on Dec 7, 2016. I feel that my right to get compensated is violated because they did not find me guilty of the allegations thats why they want me to come back to work making the reason for suspension in valid. Am I correct?

Yeehoo_ wrote:Hello Atty,

I would like to seek advice about being placed under preventive suspension. I served an NTE with a document about being put into preventive suspension of not more than 30 days pending to investigation. This was effective on Nov 10, 2016. I attended hearing on Nov 30, 2016 and presented my side about the allegations. HR told me I will from them again after a 24 hours but it did not happen, I was called through the phone by my immediate supervisor on Dec 6, 2016 saying that I can already return to work and that my preventive suspension is already uplifted. I asked the HR manager if the days of being put into preventive suspension would be paid and this would be a total of 19 days and she told me it will not be paid because the reason they put me into preventive suspension is valid. Question is, if they let me come back to work after having deliberating if I should be dismissed due to DISHONESTY, that would mean that what ever they came up to isnt valid that's why they want me to return to work on Dec 7, 2016. I feel that my right to get compensated is violated because they did not find me guilty of the allegations thats why they want me to come back to work making the reason for suspension in valid. Am I correct?

Not necessarily.

As we do not have the whole picture of your situation, we cannot comment with any finality on your case.

But in general, if you were found to have been responsible or guilty in even a small way, your PS may remain unpaid.

There may have been mitigating circumstances thus you were not dismissed for whatever alleged violation you may have committed.

council wrote:

Yeehoo_ wrote:Hello Atty,

I would like to seek advice about being placed under preventive suspension. I served an NTE with a document about being put into preventive suspension of not more than 30 days pending to investigation. This was effective on Nov 10, 2016. I attended hearing on Nov 30, 2016 and presented my side about the allegations. HR told me I will from them again after a 24 hours but it did not happen, I was called through the phone by my immediate supervisor on Dec 6, 2016 saying that I can already return to work and that my preventive suspension is already uplifted. I asked the HR manager if the days of being put into preventive suspension would be paid and this would be a total of 19 days and she told me it will not be paid because the reason they put me into preventive suspension is valid. Question is, if they let me come back to work after having deliberating if I should be dismissed due to DISHONESTY, that would mean that what ever they came up to isnt valid that's why they want me to return to work on Dec 7, 2016. I feel that my right to get compensated is violated because they did not find me guilty of the allegations thats why they want me to come back to work making the reason for suspension in valid. Am I correct?

Not necessarily.

As we do not have the whole picture of your situation, we cannot comment with any finality on your case.

But in general, if you were found to have been responsible or guilty in even a small way, your PS may remain unpaid.

There may have been mitigating circumstances thus you were not dismissed for whatever alleged violation you may have committed.

The whole picture is. Im working with this BPO company and my position is a sales agent. I sold a recontract to customer which amounts to $99 because of a recent promotion we had. However the order I placed came up to $106 because after the call I found out that the promotion is not valid, i tried to call the customer back to fix the issue however I wasnt able to reach the customer. The sale was processed. they noted 2 things on the NTE they served me, 1st is "Not following right procedures", 2nd is "DISHONESTY, knowingly giving false information where I will gain preference from". Just to let you know Sir a recontract would give us an lets say PHP754 on our daily quota. Whatever plan I sold as long as it is a recontract will give me the same amount. Where if I sold the $99 or $106 it will give me the same amount for a sale. It was just that on that day the recontract was sold, there was a new promotion which is $99 wherein I was absent when it was launched therefore I didnt really know what are the inclusions of the said plan though I treied to callback the customer but wasnt able to do do. Bottomline is they deliberated and wanted me back to work, but was saying I was guilty of the allegation thats why their reason to put me on preventive suspension is valid?

Yes their reason to put you on PS was valid as they had to investigate. More so since it's a sales account. Keeping you away from the ops floor was to ensure that you could not influence the case or customer in any way.

So based on the story you have told, the company has determined that your offense was not terminable, but that you were also at fault in a way for not following procedures. They may have mitigated the other half of the case and thus reinstated you.