alleged violation of company policy

Hi i would like to seek assistance in regards to the alleged violation to me by the BPO company im working with.
I have been a 3 year employee of the company.
Last February 24,2014 i got a notification about unauthorized downloading of a internet browser that was done August 2014.
Then Feb 28, 2015 i received a notice to explain memo bearing the detail : "allegedly downloaded safari browser, an unauthorized software on 8/31/14"
I was asked to explain in writing within 5 days from receipft of the memo.
If proven true, the acts thay would constitute violations of the company as follows:
1.nauthorize use of pc/ internet for non-work related purposes such as downloading,copying or forwarding non-text file email attachment,applications, utilities,images,music and pages from the internet
2.information hacking / unauthorized copying,renaming,modification,deletion or access of any system,data,directory files,utilities and other software application programs
3.Engaging in other activities not related to the employees official duties during office hours for personal benefit.

Item 1 and 3 are for 3rd level corrective action (final written warning). Item 2 will be for termination if proven.

The only screenshot they were able to provide was for line item #1 coming from the IT dept that it was downloaded last August 2014. No screenshot that would validate the line item #2 and #3.
The downloading of unauthorized software was a known issue within our account. There was a time last October 2014 that there were a lot of people who was caught downloading it by our IT dept. But there were no sanction given to those people. We had also received a notification coming from the vice president of our operations dated November 2014 that somehow they would reconsider it at that time and have a frequent check about it moving forward.
If the given scenario was a agreement that sanction will be provided to people who will get caught after that date. But the case they were escalating to me was a download done August 2014 which is before October 2014 which somehow a known issue, which can expectedly have those possibilities of downloading is happening at that time.

Will you be able to help me the possibilities of them dropping this case because of some technicalities of the issued escalations? What points in the labor law code that could help me out with this concern?

Hoping for your soonest response.

Thanks.

You can try to dispute the user of the computer at the time of the incident. However if they have proof your credentials were logged in at that time then it is really your responsibility.

You can also try to explain that any sanctions based on these findings could be mitigated due to the long time of the incident until the time they issued the notice to explain.

If they have no clear proof that you did any or some of the violations then they must drop that charge, but can continue to proceed with the rest which have evidence.

Unfortunately there is no specific rule or policy in the LC that I can recall that you could quote to help you out in your situation.

My credentials is also being used by other POCs in the floor due to some log in concerns they have before and my manager is fully aware that my log in was used before by some POCs so that they can perform the task given to them.

In terms of you saying it can be mitigated due to the long time of incident until they were able to issue NTE what is usually the turn around time that a case can be mitigated so that NTE is no longer valid?

And if ever they dont have a clear proof of the violations but they would still push on having a sanction on , what will be the best thing i can do about it?

dotskie01 wrote:My credentials is also being used by other POCs in the floor due to some log in concerns they have before and my manager is fully aware that my log in was used before by some POCs so that they can perform the task given to them.

That's your responsibility then.

General rules of BPOs - do not share credentials.

dotskie01 wrote:In terms of you saying it can be mitigated due to the long time of incident until they were able to issue NTE what is usually the turn around time that a case can be mitigated so that NTE is no longer valid?

Nothing specific.

Some say 6-9 months or even 1 year is still reasonable time.

And it may be mitigated only to the point of lowering the sanctions but not totally dismissing the NTE.

dotskie01 wrote:And if ever they dont have a clear proof of the violations but they would still push on having a sanction on , what will be the best thing i can do about it?

It seems that they have enough for at least one of the violations covered.

Paano po ung case na may the same case for item #1 (downloading unauthorize software) caught october 2014 but no saction was given? Tapos it was a known issue before october 2014 so there will be possibilities they might really see somethinhg before that date. But may email na send ang VP namin na any activities caught after the incident oct 2014 will be given sanction. But ung incident ko happend august 2014. May grounds po ba yun? Kasi it will be unfair sa akin na ung mga nahulihan oct 2014 hindi nabigyan ng saction pero ung akin na august 2014 e mabibigyan?

dotskie01 wrote:Paano po ung case na may the same case for item #1 (downloading unauthorize software) caught october 2014 but no saction was given? Tapos it was a known issue before october 2014 so there will be possibilities they might really see somethinhg before that date. But may email na send ang VP namin na any activities caught after the incident oct 2014 will be given sanction. But ung incident ko happend august 2014. May grounds po ba yun? Kasi it will be unfair sa akin na ung mga nahulihan oct 2014 hindi nabigyan ng saction pero ung akin na august 2014 e mabibigyan?

What does your company policy handbook say about those violations?

Dapat merong standards kayo kung ano ang mga bawal.

Baka hindi pwedeng gawing dahilan ang iba na hindi nabigyan ng sanction - harapin mo na lang ang nangyari sa iyo.