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Hello Atty, good afternoon. I would like to seek your expertise and legal advice on this. I am recently appealing my case against my employer. I still consider my status as floating for almost 1 month now. I would like to know the legality of their decision.
I know this is a bit lengthy but please be patient and review my case.
I have been with this Call Center for 3 years running 4 years now. My dispute goes like this. My best friend and I work for the same company under the same account. I am a supervisor handling a back office team and she’s an agent taking calls under supervisory of a different Team Leader.
Everything goes normal until such time that my best friend was being courted by her direct Team Leader. This for me appears to be so unprofessional. My best friend have many times spoken to her Team Leader explaining that she doesn’t like to continue whatever they have started. Things became too personal between them as the Team Leader refuse to accept my best friend’s decision. The Team Leader acted so freakish as he started sending emotional black messages through text. That, he would end his life if she won’t let him continue courting and etc. Everything was so awkward between them though she’s trying to appear to as normal as she can be in the workplace. Since work is now being affected, my best friend now confides everything to me as she’s now getting no support at all from his Team Leader. Now as a friend I tried to provide all the support she can get with regard to the work itself.
Now this is where things came so complicated. Her Team Leader knows for a fact that I am not a fan of his courtship thing. I do not support and want him to be my best friend’s boyfriend for so many reasons, one being so unprofessional. With all these happening, there was this one time I am fixing my team’s pay time card. This is where agent’s pay is based depending on the hours logged of course. For some reason, I was moved to check my best friend’s electronic pay time card to see if she’s being paid accordingly. There I have seen the discrepancies. I saw days where her time cards where not plotted correctly, so I fixed it. Funny that I have also seen days being paid when she’s absent. Days when she was late yet paid in full. Those were the days when things were still okay between them. Now that she was being asked to stop, her Team Leader has also stopped paying her correctly.
Being a friend I fixed her pay time card accordingly. Unknown to me, traces were seen that someone fixed her pay time card. The Team Leader knows for a fact that only I can possibly do that. I have been in constant communication with my best friend to see if she’s aware that she’s being paid when she’s not in the office. Until such time everything is cleared we have decided to take the step and let management look into this. Unfortunately, the same day we decided to escalate things to my own Team Leader was the same day I was served the memo. Ika nga, naunahan lang ako. Her Team Leader filed a complaint letter against me to HR and my first memo was served on July 20, 2011. HR served a Fraud memo. I have undergone due process, attended HR hearing and soon enough that I was then exonerated for the Fraud case as they have seen that there were no additional pay made by me or no monetary loss for the company. During the admin hearing I have made them aware what pushed me to fix my best friend’s pay time card without escalating it to my Team Leader instead or to the management.
My points were:
- I did not see this to be illegal as I have fixed her time card according to her time ins/logs
- I was not able to escalate the situation immediately as I need to confirm things yet with my best friend as I need to know if those paid days when she was absent were approved by her Operations Manager or not.
- They said it is an illegal transaction since my best friend is not under my supervision. I humbly acknowledge that this may be not authorized but is not illegal as I have done this only for the best interest of the company as we are able to trace people purely and clearly violating the company’s policy.
- I have made a lapse in judgment when I should have escalated this but all is done for a clean purpose.
At the same time, my Team Leader was given a memo on Security Breach. He was dragged by the situation since I used his time card log-ins to fix our team’s time card and I have used this to make illegal transaction as they have noted. In our company, only Team Leaders have a direct access to edit and fix agents pay time card. The thing is this is not followed and practiced. As supervisors are seen as future Team Leaders, they have delegated tasks for us to fix our team’s pay time card. June 29 when I fixed my best friend’s time card, the same day my Team Leader shared his access for the purpose of fixing our team’s time card. This act of access sharing was supported by an email of our Operations Manager on the same day. Though not stipulated in the email that we need to share the access, it’s obvious as there were no workaround or options to do this unless we share the access.
This gave me the option to check on other my best friend’s time card. My Team Leader was first given a termination though it was later reversed to 5 days suspension after him appealing to the country HR.
As my first memo was solely on fraud issue, I was exonerated on the context of the fraud issue.
Unfortunately, the same day they have given me the exoneration papers on Fraud. They issued another one on Security Breach. These made me feel being vexed/punished twice for the same incident. I have looked into this as double jeopardy yet I still followed what they called to be procedural process. Have undergone the hearing with no difference in questions I have raised and repeated my points. Second case on Security Breach they have imposed termination. I have decided to grieve this and was given 24 hours to present my appeal letter which I have. Stipulated on the company’s policy that an erring employee may grieve in 24 hours and result shall be given also 24 hours later. 24 hours later, no update. I waited patiently and was floated now for 22 days. My text messages to my Operations Manager were ignored and were not replied to. After so many texts and email result was given on November 7, 2011. Sadly, the Site Director upholds the decision of termination as per him it is a direct violation of their security policy.
This time, they have given a different name, the final office where I can grieve and request my case to be reviewed. Upon submitting my second appeal letter, it was brought to my attention that attrition notification was already submitted though I am still appealing my case.
Looking at the situation, I felt being illegally dismissed with the points being imposed as constructive termination.
I feel being violated for the following reasons:
- They have issued Fraud then exonerated then later on issued Security Breach for the same incident with Termination. This for me looks double jeopardy.
- With no harm done on the business side, I feel termination to be excessive.
- My best friend’s Team Leader should have been prioritized as clearly seen fraud and stealing from the company. He was now terminated though was deserve to be terminated ahead of us as evidence of fraud was presented during the initial hearing. My Team Leader was the one firstly asked to leave the company be giving termination.
- Stipulated on their own company policy that an erring employee must receive the result of grievance within 24 hrs yet I was floated 22 days now, delaying tactics.
- I was given a Security Breach for having time card access of my Team Leader where it is based from a directive of an Operations Manager (where other Team Leads and supervisor have done the sharing of access and seen this the way we have carried out the act.
- Attrition notification was sent though I am still appealing my case
Atty, please advise if there my points were valid and If I am being dismissed illegally. At this point, I am waiting for the final appeal result though we are now decided to make a file against them to NLRC. Are these valid to file a case against my employer?
Kindly advise. Your time and help on this is greatly appreciated.
Thank you so much.
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I know this is a bit lengthy but please be patient and review my case.
I have been with this Call Center for 3 years running 4 years now. My dispute goes like this. My best friend and I work for the same company under the same account. I am a supervisor handling a back office team and she’s an agent taking calls under supervisory of a different Team Leader.
Everything goes normal until such time that my best friend was being courted by her direct Team Leader. This for me appears to be so unprofessional. My best friend have many times spoken to her Team Leader explaining that she doesn’t like to continue whatever they have started. Things became too personal between them as the Team Leader refuse to accept my best friend’s decision. The Team Leader acted so freakish as he started sending emotional black messages through text. That, he would end his life if she won’t let him continue courting and etc. Everything was so awkward between them though she’s trying to appear to as normal as she can be in the workplace. Since work is now being affected, my best friend now confides everything to me as she’s now getting no support at all from his Team Leader. Now as a friend I tried to provide all the support she can get with regard to the work itself.
Now this is where things came so complicated. Her Team Leader knows for a fact that I am not a fan of his courtship thing. I do not support and want him to be my best friend’s boyfriend for so many reasons, one being so unprofessional. With all these happening, there was this one time I am fixing my team’s pay time card. This is where agent’s pay is based depending on the hours logged of course. For some reason, I was moved to check my best friend’s electronic pay time card to see if she’s being paid accordingly. There I have seen the discrepancies. I saw days where her time cards where not plotted correctly, so I fixed it. Funny that I have also seen days being paid when she’s absent. Days when she was late yet paid in full. Those were the days when things were still okay between them. Now that she was being asked to stop, her Team Leader has also stopped paying her correctly.
Being a friend I fixed her pay time card accordingly. Unknown to me, traces were seen that someone fixed her pay time card. The Team Leader knows for a fact that only I can possibly do that. I have been in constant communication with my best friend to see if she’s aware that she’s being paid when she’s not in the office. Until such time everything is cleared we have decided to take the step and let management look into this. Unfortunately, the same day we decided to escalate things to my own Team Leader was the same day I was served the memo. Ika nga, naunahan lang ako. Her Team Leader filed a complaint letter against me to HR and my first memo was served on July 20, 2011. HR served a Fraud memo. I have undergone due process, attended HR hearing and soon enough that I was then exonerated for the Fraud case as they have seen that there were no additional pay made by me or no monetary loss for the company. During the admin hearing I have made them aware what pushed me to fix my best friend’s pay time card without escalating it to my Team Leader instead or to the management.
My points were:
- I did not see this to be illegal as I have fixed her time card according to her time ins/logs
- I was not able to escalate the situation immediately as I need to confirm things yet with my best friend as I need to know if those paid days when she was absent were approved by her Operations Manager or not.
- They said it is an illegal transaction since my best friend is not under my supervision. I humbly acknowledge that this may be not authorized but is not illegal as I have done this only for the best interest of the company as we are able to trace people purely and clearly violating the company’s policy.
- I have made a lapse in judgment when I should have escalated this but all is done for a clean purpose.
At the same time, my Team Leader was given a memo on Security Breach. He was dragged by the situation since I used his time card log-ins to fix our team’s time card and I have used this to make illegal transaction as they have noted. In our company, only Team Leaders have a direct access to edit and fix agents pay time card. The thing is this is not followed and practiced. As supervisors are seen as future Team Leaders, they have delegated tasks for us to fix our team’s pay time card. June 29 when I fixed my best friend’s time card, the same day my Team Leader shared his access for the purpose of fixing our team’s time card. This act of access sharing was supported by an email of our Operations Manager on the same day. Though not stipulated in the email that we need to share the access, it’s obvious as there were no workaround or options to do this unless we share the access.
This gave me the option to check on other my best friend’s time card. My Team Leader was first given a termination though it was later reversed to 5 days suspension after him appealing to the country HR.
As my first memo was solely on fraud issue, I was exonerated on the context of the fraud issue.
Unfortunately, the same day they have given me the exoneration papers on Fraud. They issued another one on Security Breach. These made me feel being vexed/punished twice for the same incident. I have looked into this as double jeopardy yet I still followed what they called to be procedural process. Have undergone the hearing with no difference in questions I have raised and repeated my points. Second case on Security Breach they have imposed termination. I have decided to grieve this and was given 24 hours to present my appeal letter which I have. Stipulated on the company’s policy that an erring employee may grieve in 24 hours and result shall be given also 24 hours later. 24 hours later, no update. I waited patiently and was floated now for 22 days. My text messages to my Operations Manager were ignored and were not replied to. After so many texts and email result was given on November 7, 2011. Sadly, the Site Director upholds the decision of termination as per him it is a direct violation of their security policy.
This time, they have given a different name, the final office where I can grieve and request my case to be reviewed. Upon submitting my second appeal letter, it was brought to my attention that attrition notification was already submitted though I am still appealing my case.
Looking at the situation, I felt being illegally dismissed with the points being imposed as constructive termination.
I feel being violated for the following reasons:
- They have issued Fraud then exonerated then later on issued Security Breach for the same incident with Termination. This for me looks double jeopardy.
- With no harm done on the business side, I feel termination to be excessive.
- My best friend’s Team Leader should have been prioritized as clearly seen fraud and stealing from the company. He was now terminated though was deserve to be terminated ahead of us as evidence of fraud was presented during the initial hearing. My Team Leader was the one firstly asked to leave the company be giving termination.
- Stipulated on their own company policy that an erring employee must receive the result of grievance within 24 hrs yet I was floated 22 days now, delaying tactics.
- I was given a Security Breach for having time card access of my Team Leader where it is based from a directive of an Operations Manager (where other Team Leads and supervisor have done the sharing of access and seen this the way we have carried out the act.
- Attrition notification was sent though I am still appealing my case
Atty, please advise if there my points were valid and If I am being dismissed illegally. At this point, I am waiting for the final appeal result though we are now decided to make a file against them to NLRC. Are these valid to file a case against my employer?
Kindly advise. Your time and help on this is greatly appreciated.
Thank you so much.
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