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Terminated "just cause" without administrative hearing

3 posters

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angie43


Arresto Menor

Hi,

I would just like to clarify something. An IR was submitted by some of my subordinates regarding a GC that got lost last January. I informed both the management and my agents that this was lost and promised to pay them back.
I encountered some financial difficulties which hindered me from paying the agents asap but i do remind them that i am working on it.
Just last April i had to serve a show cause memo to one of my agents whose sister is part of out HR. While explaining to him the reason for the show cause memo, the agent started saying that if i serve him the show cause, he will file a complaint about the lost GCs.
I was scheduled to pay everyone 2nd week of April as i was able to fix my finances.
I continued to serve him the show cause memo because it is my responsibility to do so and told him that i will deal with the case that he will file once i receive my show cause for it.

The agent asked his team mates to sign his complaint to support him, some did and some did not.
I was served a suspension memo and notice to explain. I responded with a written explanation 4 days after the notice to explain was served as my supervisor was sending me a text message that i may be defaulted. (even though i am supposed to have 5 days to explain.)

I was then asked to go to the office after 3 days, i asked my supervisor if it was for the administrative hearing, she responded by saying that she cannot divulge any information. I was expecting to receive an invite via post for the administrative hearing as that is what we normally do, but since i was asked to go to the office, i did.

I was served the termination immediately and it was for FRaud:dishonesty.
I wanted to decline to sign the termination letter however, i knew that if i did. They will just send it to me through post and i will not have any documents to prove that they tried to terminate me on the said date.

I am very frustrated as i was honest with my explanation and my supervisor knew of the situation even prior to the complaint. I was looking forward to the administrative hearing because i wanted to have a chance to defend myself.

Can i file this as illegal dismissal? I've been a supervisor for 4 years and i was never involved in any malicious or fraudulent act.
I felt that they just took the agents word for it, i accept that i may have been negligent however, termination for fraud is not a fair sanction.

I hope to hear from you guys soon.

Thank you.

lawddesign


lawyer

Firstly, you may refer to your employment manual. Call center companies do have code of conduct which outlines the corresponding phases such as first warning, second warning, suspension or termination vis-a-vis an offense/infraction committed by an employee. There are instances wherein an offense will be meted an automatic sanction of termination. However, the labor code provides that the same should be done within the tenets of due process.

You can pm me for more details.

angie43


Arresto Menor

Hello Atty. Lawddesign,

I sent you a pm right after. Can you kindly expound a bit as I'm confused with some of the terms that you used. I just need to know if i can file a case or ar options?e there any other

Thanks

attyLLL


moderator

ir - incident report, but GC? what'st that, gift check? general commission?

how did it happen that these GCs got lost?

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