Termination due to overbreak is this allowed?

Hi Atty,

I would like to seek legal consultation about my rights as an employee. They were working on me and my team to be dismissed in the office because of the over break or the hours consumed outside the production floor.
They have pull out the badges of me and my team (3 mos data) and the one who escalates it is my new Boss who haven't know me or haven't worked with me yet.
It is my understanding that it should be my current boss should escalate since i'm directly reporting to him. I have a good relationship with my current boss and he told me that he will stand by me.
My question is, is it possible for the employee to be terminated just because of Over Breaks?
This is my first time to received a NTE for my 8 yrs in the BPO company. I don't have any records of violating any rules.
This is a one time big time NTE for me and my team.
Is it possible to received an NTE for multiple sanctions without being coach in the first place?

Also, we are in the support group wherein, our hours outside the productions floor is not being tracked by the WF.
My team has given NTE as well and this leads for us to be demotivated.
As a support group, it is my understanding that we are measured by output and not by productivity. And we ensured that we deliver as what expected to us. We complete our targets weekly and monthly.

I would really appreciate your advice on this.

Thanks in advance!

Yes it may be possible to receive an NTE for multiple sanctions even without a coaching log.

The attendance policy (including breaks, overbreaks, etc) applies equally to all who are required to be at their workstations for a specified number of hours.

Your "new" boss has the right to review your performance, including attendance, even if you still have a "current" boss.

Don't want to receive an NTE? Follow company policy, including those regarding breaks.

What does your company COC say about breaks?

In theory you can be terminated eventually for overbreaks, if they are habitual.

You should be given proper escalated sanctions for such violations.

There are, however, mitigating and aggravating circumstances which can decrease or increase the sanction for your violations.

thanks for the response.

The data that they have pulled is not just an over break as we do have some actitvities outside the production floor.

As a TL, I prefer coaching outside the prod floor since there were no rooms available inside the productions floor.

Also, we have series of meeting outside and any activities related to our task.
We have our mini team building and etc.
There were also time where during month end we have to stay outside because our stations has been occupied by the operations due to their bulk request.
And this still count it as an over break.

COC states that this would cause a written warning for OB if im not mistaken.

Kevinfight wrote:thanks for the response.

The data that they have pulled is not just an over break as we do have some actitvities outside the production floor.

As a TL, I prefer coaching outside the prod floor since there were no rooms available inside the productions floor.

Also, we have series of meeting outside and any activities related to our task.
We have our mini team building and etc.
There were also time where during month end we have to stay outside because our stations has been occupied by the operations due to their bulk request.
And this still count it as an over break.

COC states that this would cause a written warning for OB if im not mistaken.

If you're doing official work even outside the production area, and as long as you have advised WFM properly, then you should have no problem.

If you're coaching, even outside, then you would advise WFM to change the (aux) status of your agent. That should not be considered a break, even if it takes longer.


It seems that overbreak is just that - you went on break, and stayed out (not logged in) longer than necessary.