Suspensions

I am going to be suspended for 12 days for posting a photo of a few co-workers pretending to be sleeping on duty. This photo was posted on our private facebook thread to which a concerned group member/co-worker did a screenshot, and sent them to our boss. It happened last new year, there were no customers, and we were all fooling around at work. The thread has been existing for more than a year, members included workmates only. My boss was not even a member.

The boss made me sign a notice of disciplinary action (NODA), but it did not contain the sanction for the violations that i was accused of. It only contained 3 blanks __verbal warning ___written warning ___suspension. She wanted me to sign the blank (NODA) coz she determined the most appropriate sanction at that time.

When i was given a copy of the violations we committed, it was composed of 7 areas in our employees handbook.

a) posting signs/notes, unauthorized posting of signs, , notices without approval - first offense, verbal warning

b) making false or malicious statements against another employee, supervisor, or official that harm and destroy the reputation, authority or official standing of those concerned - first offense, 1 to 3 days suspension

c) improper conduct and acts of discourtesy or disrespect to other officers of the company at any time within company premises - first offense, 3-5 days suspension

d) improper conduct and or using disrespectful or offensive language or signs against another employee and others within company premises - first offense, 1-3 days suspension

e) vandalism - first offense, 3-5 days suspension

f) disclosure of confidential data/information to unauthorized persons - first offense, dismissal

g) negligence or carelessness in the performance of work - first offense, written warning


She kinda tallied all the sanctions which led to 12 days suspension. Those who were in the picture appearing to be sleeping were given 3 days suspension as per our code of discipline.

I want to know my rights in this situation. My NODA shows that I was found guilty of each of the 7 violations.

just don't do it again and move on.

emailnilopez wrote:I am going to be suspended for 12 days for posting a photo of a few co-workers pretending to be sleeping on duty. This photo was posted on our private facebook thread to which a concerned group member/co-worker did a screenshot, and sent them to our boss. It happened last new year, there were no customers, and we were all fooling around at work. The thread has been existing for more than a year, members included workmates only. My boss was not even a member.

The boss made me sign a notice of disciplinary action (NODA), but it did not contain the sanction for the violations that i was accused of. It only contained 3 blanks __verbal warning ___written warning ___suspension. She wanted me to sign the blank (NODA) coz she determined the most appropriate sanction at that time.

When i was given a copy of the violations we committed, it was composed of 7 areas in our employees handbook.

a) posting signs/notes, unauthorized  posting of signs, , notices without approval - first offense, verbal warning

b) making false or malicious statements against another employee, supervisor, or official that harm and destroy the reputation, authority or official standing of those concerned - first offense, 1 to 3 days suspension

c) improper conduct and acts of discourtesy or disrespect to other officers of the company at any time within company premises - first offense, 3-5 days suspension

d) improper conduct and or using disrespectful or offensive language or signs against another employee and others within company premises - first offense, 1-3 days suspension

e) vandalism - first offense, 3-5 days suspension

f) disclosure of confidential data/information to unauthorized persons - first offense, dismissal

g) negligence or carelessness in the performance of work - first offense, written warning


She kinda tallied all the sanctions which led to 12 days suspension. Those who were in the picture appearing to be sleeping were given 3 days suspension as per our code of discipline.

I want to know my rights in this situation. My NODA shows that I was found guilty of each of the 7 violations.

Were you given a copy of the decision?

At any rate, you may contest any decision especially if due process is not followed.

council wrote:

emailnilopez wrote:I am going to be suspended for 12 days for posting a photo of a few co-workers pretending to be sleeping on duty. This photo was posted on our private facebook thread to which a concerned group member/co-worker did a screenshot, and sent them to our boss. It happened last new year, there were no customers, and we were all fooling around at work. The thread has been existing for more than a year, members included workmates only. My boss was not even a member.

The boss made me sign a notice of disciplinary action (NODA), but it did not contain the sanction for the violations that i was accused of. It only contained 3 blanks __verbal warning ___written warning ___suspension. She wanted me to sign the blank (NODA) coz she determined the most appropriate sanction at that time.

When i was given a copy of the violations we committed, it was composed of 7 areas in our employees handbook.

a) posting signs/notes, unauthorized  posting of signs, , notices without approval - first offense, verbal warning

b) making false or malicious statements against another employee, supervisor, or official that harm and destroy the reputation, authority or official standing of those concerned - first offense, 1 to 3 days suspension

c) improper conduct and acts of discourtesy or disrespect to other officers of the company at any time within company premises - first offense, 3-5 days suspension

d) improper conduct and or using disrespectful or offensive language or signs against another employee and others within company premises - first offense, 1-3 days suspension

e) vandalism - first offense, 3-5 days suspension

f) disclosure of confidential data/information to unauthorized persons - first offense, dismissal

g) negligence or carelessness in the performance of work - first offense, written warning


She kinda tallied all the sanctions which led to 12 days suspension. Those who were in the picture appearing to be sleeping were given 3 days suspension as per our code of discipline.

I want to know my rights in this situation. My NODA shows that I was found guilty of each of the 7 violations.

Were you given a copy of the decision?

At any rate, you may contest any decision especially if due process is not followed.

A notice to explain was given together with the notice of disciplinary action. They were both dated on the same day. The notice to explain shows the 7 violations and the supervisor's explanation of how we violated each. It requires us to make a letter within 5 days to explain why we're not suppose to be reprimanded. The notice of disciplinary action states that i was proven guilty for all 7 violations. Again, both notices were given on the same day, at the same time. So much for due process. I signed that i received the notice to explain. Submitted an explanation letter within the day. But i did not sign the notice of disciplinary action because i felt there was no due process and she was making me sign a blank document that states that i was proven guilty but my sanction was not written.

emailnilopez wrote:

council wrote:

Were you given a copy of the decision?

At any rate, you may contest any decision especially if due process is not followed.

A notice to explain was given together with the notice of disciplinary action. They were both dated on the same day. The notice to explain shows the 7 violations and the supervisor's explanation of how we violated each. It requires us to make a letter within 5 days to explain why we're not suppose to be reprimanded. The notice of disciplinary action states that i was proven guilty for all 7 violations. Again, both notices were given on the same day, at the same time. So much for due process. I signed that i received the notice to explain. Submitted an explanation letter within the day. But i did not sign the notice of disciplinary action because i felt there was no due process and she was making me sign a blank document that states that i was proven guilty but my sanction was not written.

Time to go to DOLE to file a complaint - just make sure you have all the documents needed.

council wrote:

emailnilopez wrote:

council wrote:

Were you given a copy of the decision?

At any rate, you may contest any decision especially if due process is not followed.

A notice to explain was given together with the notice of disciplinary action. They were both dated on the same day. The notice to explain shows the 7 violations and the supervisor's explanation of how we violated each. It requires us to make a letter within 5 days to explain why we're not suppose to be reprimanded. The notice of disciplinary action states that i was proven guilty for all 7 violations. Again, both notices were given on the same day, at the same time. So much for due process. I signed that i received the notice to explain. Submitted an explanation letter within the day. But i did not sign the notice of disciplinary action because i felt there was no due process and she was making me sign a blank document that states that i was proven guilty but my sanction was not written.

Time to go to DOLE to file a complaint - just make sure you have all the documents needed.

I can file a complaint to DOLE on what grounds as per your opinion?