On preventive Suspension due to Fraud

Hi,

I am Mark Borlongan from Iloilo. I would like to ask regarding my current situation with my current employer.

I was accused of fraud and we already had a CaseCon last June 1st. They accused me of using company tools for personal gain. There were dates that they indicated and number of approved / process request under my log-in. Most of the days on that list was proven to be my RD and my scheduled VL.

They were accusing me of providing my password to my assistant who is suspected to have been doing the fraud. I did not shared nor divulged my password to no one. and I have a couple of questions while we are on the said meeting but none of them are answered since for them the issue is still on investigation.

They promised me and was also indicated on my NTE that this will remain confidential and only the panel will  know what are the details of the case.

I was surprised that most of the employees knew my case and they are now bashing me on social media and worst sending me text about the case.

My question is, do I have the right to ask and question why that the privacy of the case was jeopardized? Since it is affecting my family and me as a whole. I am for now innocent and remained firm that I did not do it since they do not have proof that I did it in the first place.

Hoping for your response.

Sincerely,

Mark Davey Borlongan

You can ask but since there are many people involved it will be very hard to determine who leaked the information about the case.

What should be the thing that concerns you? You're under preventive suspension until the company finalizes its decision, right? If you are correct in stating that the days on which the electronic activities in question were in fact days on which you were not in the premise, then you have a strong chance of reinstatement then you may request for further investigation based on that premise. They can have your IT Department trace the computer activity cross-referenced to the person whom you suspect is doing it.
After that, you can verify or validate the origin of the negative messages. Then you may act on it through your corporate HRD. Just what i think though

Hi,

Thank you for all your responses. It really helped me to better understand what I'm up against.

Just to update, they informed me and sent me a letter stating that they will extend my preventive suspension but their is no definite date until when. My suspension supposed to end last June 20 but when I attended our 2nd case con they still don't have any information nor proof on the allegations that they thrown at me. They just told me that it is still confidential and they are still investigating it further.

They also informed me that I am going to be paid for the duration of the extension based on Section 8 and 9 of the Philippine Labor Code.

My question is, is this legal? I am left on the hang and cannot apply to any other company due to this case which I was not part of. I am beginning to feel that I am "Judge by Publicity" and I am trying my best to be patient and professional about this but my family is affected by this.

any thoughts?

Thank you in advance for your response.

Mark

iammarkdavey wrote:Hi,

Thank you for all your responses. It really helped me to better understand what I'm up against.

Just to update, they informed me and sent me a letter stating that they will extend my preventive suspension but their is no definite date until when. My suspension supposed to end last June 20 but when I attended our 2nd case con they still don't have any information nor proof on the allegations that they thrown at me. They just told me that it is still confidential and they are still investigating it further.

They also informed me that I am going to be paid for the duration of the extension based on Section 8 and 9 of the Philippine Labor Code.

My question is, is this legal? I am left on the hang and cannot apply to any other company due to this case which I was not part of. I am beginning to feel that I am "Judge by Publicity" and I am trying my best to be patient and professional about this but my family is affected by this.

any thoughts?

Thank you in advance for your response.

Mark

If you're questioning the legality of the extension of the PS, then yes it is.

If you're confident that you didn't commit any illegal acts then you should just wait for the process to continue and close out properly.

iammarkdavey wrote:Hi,

Thank you for all your responses. It really helped me to better understand what I'm up against.

Just to update, they informed me and sent me a letter stating that they will extend my preventive suspension but their is no definite date until when. My suspension supposed to end last June 20 but when I attended our 2nd case con they still don't have any information nor proof on the allegations that they thrown at me. They just told me that it is still confidential and they are still investigating it further.

They also informed me that I am going to be paid for the duration of the extension based on Section 8 and 9 of the Philippine Labor Code.

My question is, is this legal? I am left on the hang and cannot apply to any other company due to this case which I was not part of. I am beginning to feel that I am "Judge by Publicity" and I am trying my best to be patient and professional about this but my family is affected by this.

any thoughts?

Thank you in advance for your response.

Mark

Yes, the action to extend your Preventive Suspension is legal.

Of course you cannot apply to other Company yet as you are still an employee of your company.

Since the action of your Company is within the bounds of the law, you have no choice but to wait and let the process fall on you.