Locker Forcibly Open By Facilities Department

Hi,

Good day!

I would just like to inquire if I can press charges to my previous company. Please see summarised reasons below: (please be advised that I currently don't have the exact dates of the incidents as I do not have the resources as of the moment).

- My locker was forcibly open and took my things out (including company issued equipment)
- This happens, sometime in November of 2015 but I just discovered it sometime around February of 2016 as I was not using my locker on regular basis, incident report was filed then via email.
- Facilities and HR admitted that it was their facility team who opened up my locker.
- My belongings were never returned to me and they just advised me that my items, may have been disposed, including my documents, the locker usage agreement form and a few of my personal belongings.
- Salary disputes that were never address.
- Early March of this year, as I am not getting any clear response from the HR and Facility departments, I opted to resigned as I am getting irritated about the issue.
- On the day that I resigned, the facility manager talked to me and said that they will be needing another month for investigation.
- At that time, I cannot process my clearance as the company issued equipment is missing, and since I am not able to process my clearance, my back pay was then on hold.
-After more than 3 months after I resigned and since I am not hearing anything from them, I went back to make a follow up and I was then told that as per their investigation and CCTV footage, no equipment was taken out of my locker and I will have to pay for it.
- I asked to see the CCTV footage but they refused.
- I asked for re-investigation.
- A few weeks after, I received a text message and an email stating that I can process my clearance.
- It took about five months after I resigned before they told me that I can process my clearance and without any proper explanations as to what happened.
- As I was waiting for the results of their investigation, I am not able to process my clearance and my back pay was on hold where it should been about 45 days only to be release upon clearance.

I had the email thread printed out as an evidence of the incident.

As of the moment, I hadn't process anything yet as I would like to consult this matter.

I would be more than happy to fill you in with more details if I can file a case.

Thank you for your time and looking forward for your response.

Best,

Mharvz

To completely understand your situation, what is/are the reason/s why your locker was forcibly opened in the first place?

Hi,

When I inquired, they said that they had lost the master file for the locker usage.

As for my defense, I should have been notified. We are using outlook, so an email should have been sent. Second, given that my locker was open forcibly, I have documents in it so they should have known who's using it and they should have notified me.

Best,
Mharvz

And you are wondering if you can file a case. Is it for the fact that your locker was forcibly opened or because your clearance was released late?

Hi,

Yes, I was wondering if I can file a case because they forcibly open my locker and I had lost personal belongings. Also, for holding up my clearance.

How can I be so sure that no one from the facilities team took advantage of my belongings. Also, they had mentioned that my belongings might have been disposed including my documents and government issued numbers, nbi clearance just to name a few. What if someone found it and use it for identity theft?

Can this be filed and will it stand in the court?

Best,
Mharvz

How can I be so sure that no one from the facilities team took advantage of my belongings?

- You can't. Given the length of period from the actual date of the opening of your locker. It can be difficult to prove anything.

What if someone found it and use it for identity theft?

- You are speculating. Its baseless and unsubstantiated.

Can this be filed and will it stand in the court?

- NO, it is well established that if you seek the help of the court, you should do so with 'clean hands'. Based on your story, you at 'partly' at fault here. You let the incident take that long without you taking your any action.

It took you 3 months after your resignation to process your clearance because you stated that "you waited". You could have done follow ups to expedite the release of your clearance. Also, the incident happened November of last year and it is September already. You let this incident drag on for that long.

Well, it is your right to file anything in court but the same is not a guarantee that you will win and this is based on the matters discussed. You may not have the evidences to substantiate your claim because, as what was discussed, the incident happened way too long.

Hi,

Thank you for the response.

Even though that they just informed me that they are done with the investigation just last week?

Best,

Mharvz

And their findings are?

Hi,

There's no explanation. They just said that I can now process my clearance and they will not be charging me for the cost of the company equipment that was lost.

Best,

Mharvz.

If this is so, are you willing to go to court and go through the process, pay for litigation and atty's fees because some of your docs got lost during the act and you were suffered inconvenience due to the late release of your COE?

Hi,

Yes. But I would like to know my chances of winning.

Best,
Mharvz

Give me a private message so i can give you concrete advice/s.

Hi,

PM sent.

Best,

Mharvz