Getting terminated due to negligence
ฝัง
- เผยแพร่เมื่อ 25 พ.ค. 2022
- Do you know how employees are terminated because of gross and habitual negligence?
Is this allowed and what is the process for doing so?
Today's episode involves an employee who is contesting her termination. But people on both sides can learn a lot from this, both employers and employees.
This episode is brought to you by "The Complete Employee Discipline System" A book that teaches owners, managers, and supervisors how to handle any offense easily and systematically.
It provides step-by-step procedures from incident reports all the way to the clearance process. Stand your ground and discipline with confidence.
Go to info.legalguide.ph/discipline for more.
---
Here are a few options on how we can help further:
1. If you want to schedule a private legal consultation with us or see if a legal team can help you, we're happy to consider that. You can go to legalaccess.ph/ and then choose the appropriate topic on the site to apply for a legal consultation.
In the alternative, if you prefer free legal representation (pro-bono), here is a list of recommended legal teams that can provide you with help for free: www.legalguide.ph/where-to-as...
2. If you want to submit a question that we may answer on our show, please submit show questions at legalguideph.frill.co/, and if your question gets enough votes, we'll definitely consider making an episode about it.
3. If you just want more information on different legal topics, my advice is to check out our articles at www.legalguide.ph/ or better yet, enroll in our workshops at legalguideph.gurucan.com
We hope these resources help you! 🙂
Ang Dami Kong natutunan sa paguusap.
Please help! Is this illegal dismissal?
My start date was Feb 17, 2020 and I was terminated last November 23rd due to a Category D violation issued to me last November 8th. We had a hearing last November 18th before I got terminated.
I believe the NTE served to me was faulty. Let me explain.
For the last 2 years with the company, I never had any violation until this happened.
NTE 1:
Incident date: September 30, 2022
NTE served date: October 7, 2022
Category: D (terminable)
Instance: 1st offense
Offense: Acts Against Good Conduct and Behavior Negligence
Violation: Failure of the manager or superior to implement company policies, rules and regulations, work procedures and standards, etc.
Hearing date: October 28, 2022
Result: Termination mitigated to Final written warning.
Result issued date: November 2, 2022
Details:
1. I was unable to email IT to request permission to use an external camera on the team's monthly engagement day.
2. The compliance officer captured me on the CCTV watching the company's engagement video that was posted by IT to the Admin Google Chat group.
My explanation:
1. I admit my mistake in failing to obtain permission for a camera even though it was a scheduled team day, and I sincerely apologize; I have already corrected my actions, as I was able to submit to the procedure and incurred no further violations the following month.
2. I got the go signal from the head of IT that I and the agents, can watch the company engagement video, and he even allowed me to save it on our account's folder for the agents to watch as well. He even backed me up, and he assured me that he would tell his team we wouldn't be red-tagged on this. So I refuse to agree that this is a violation.
My dispute: The company did not provide actual decision letter stating whether I was truly guilty or not of the accusations, especially since I am disputing the allegation of violation when I watched the company engagement video when I was given the go signal by an upper manager that it was not illegal to watch. I disputed this with my direct supervisor. I was demanding the statement of the actual decision so I would have a clear understanding of whether my violations are legitimate or not. Even the HR head and and my supervisor during the hearing, were unsure about how to proceed with the 2nd violation since the IT head allowed it. The more I need a proper decision letter, I was told they would not give me that, and the document of the minutes of the meeting is the only thing they can give, and it's enough. This was really confusing to me as this case lacks proper documentation. Though the decision notice was reissued, removing the suspension clause, it was still confusing in part because of the lack of an actual decision statement.
NTE 1:
Incident date: October 29, 2022
NTE served date: November 8, 2022
Category: D (terminable)
Instance: 2nd offense
Offense: Acts Against Good Conduct and Behavior Negligence
Violation: Failure to follow HIPAA / SAT / PCI Procedure
Hearing date: November 18, 2022
Result: Termination
Result issued date: November 23, 2022
Details:
The compliance officer reported that since I have reported a Category D violation of a manager (he posted photos on Facebook showing the production, the computers and the client's name and KPIs which is a grave violation), I MUST also get an NTE for browsing Facebook on my workstation which is also a Category D violation.
My explanation:
I have not accessed Facebook because I would like to violate the company's policy, but because I have to get my photo evidence from there. I have only accessed the Manager's questionable album with the pictures and I did not login nor browse other profile. CCTV also shows that I have only accessed the photos that I am reporting as evidence.
My disputes:
1. The incident date should be corrected to October 28th instead of 29th. This is based on the time stamp of my conversation with the compliance officer.
2. The NTE should also be corrected to be a 1st offense and not a 2nd offense since it is a different violation from the first NTE.
3. The NTE was served 11 days after the correct incident date. We were trained that NTEs should be served in a timely manner, should be real time or at least within 7 days after the incident. Otherwise, it will be invalid.
4. The 2nd NTE, I believe, was served with malice, or a form of retaliation. Instead of them thanking me for reporting and saving the company's reputation, they instead went ahead and back track through my browsing history to also accuse me of the same violation I have reported.
5. I believe that the hearing was just held not to listen to my side, but they are just going through the motions. Which kinds of negates the due process required. I feel I was not given enough consideration compared to the manager I have reported that has even a graver violation that I do. They assured me that the manager has been sanctioned but still the questionable photos are still posted online which makes me question the integrity of their decision on my case. By the way, the manager is a close friend (travel buddy) of the HR head and production manager, who are the signatories of my NTEs which ads malice to the case or conflict of interest.
6. My supervisor is also liable with negligence as he was the one who is the issuer of my NTEs.
Sir Attorneys, Good day ho, Meron ho bang expiration or oras/araw na dapat ay maibigay na ng employer ang Notice of Termination sa isang employee na kanilang iterterminate? Halimbawa nangyari ang incident October 04, 2022. Verbally sinabihan ako na hanggang end of the month na lang ako (this October) But hanggang ngayon ay wala pa namang documents na ginagawa or binibigay like NTE sa akin. Isa kasi akong company driver. One time ay naubusan ng gas yung sasakyan dahil di agad ako humingi ng panggas. Malupit kasing magsalita yung koreano, naniinigaw kapag nagtatanong kaya iniiwasan kong mangyari yung ganon kaya minamaiximie ko yung pagitan ng pag papagas, kaya lang kamalasan ay naubusan tuloy ako. Tapos yun na nga sinabi hanggang end of the month na lang ako. Tama ba na pumasok lang muna ako hanggat wala pang binibigay na Termination letter?
Dahil sa unremitted cash po ng rider. Nagbigay po sya ng amicable letter na babayaran nya ang kakulangan sa kompyutasyon dahil may mga pendings salary at incentives nya. Biglang nung May 8, may mga pinapirmahan si coor na notice of explanation na May 3 ang date. At dismisal letter na May 5 ang date. Pero May 8 nya ito sabay pinakita at pinapirmahan samin. Dapat pa po ba naming bayaran yung amicable settlement na ginawa?
Good evening, may I ask po nga advice sa inyo, about neglect of duty. May writ of execution na na issue ang Rtc, iting order po e 2012 pa po nang yari. Si sheriff po punta si nerve nya ito sa defendant, ang nangyari nong pumunta po siya di nya na nakita ang tao. Ang involve po dito ang lupa na 1,812. Currently itong lupang ito ay nabili sa pinsan ng Tita ko, at napatunayan sa Court of Appeals na naipanalo na ito 2012 pa. Ngayon 2022 nahalukay ko sa records ng Nanay ko na may ganitong dukomento, nagpunta at nakausap ko ang Sheriff kung bakit andun pa may mga nakatira doon na till now andun parin. Ask ko po kung si Sheriff po ba may pananagutan dito dahil na served nya pero ang resulta e, unsatistied. Pero once nya lang po nya ginawa ang pag Sheriff. Ni follow up po sa defendant wala na po siya ginawa. Kahit po nakikita nya sa Court mga magulang ko. Ni d po man lang na inform na dapat ayusin ang Writ para maayos na.. Hanggang natapos ang lampas na Ten years lapse na po. Ano po kaya pwede naming gawin? Kay Sheriff at sa current na nakatira sa property po namin.. Salamat po sa magiging advice nyo po..more power po.
Gud pm po,paano po kung hindi tugma yun nakalagay sa ITR,example po ang daily rate po ay 400 pero ang nilagay ni employer ay 537,
Employee sometimes hesitate to sign the quit claim because the employer does not give a copy of the detailed computation of backpay and other benefits. You could not scrutinize if the computation is accurate or not.
That's true. Thanks for stopping by and supporting our channel. ☺️
Hello sir ask kolang po sana tama poba yung pagteterminate sakin after 3 months nagkaroon po kasi kami ng di pagkakaintindihan ng manager ng salon tapos yung HR po namin nagbigay ng MEMO with salary deduct so pumirma po ako sa memo ang nakakagulat po dun ay kinabukasan tinanggal nila ako sa company sana po masagot nyo po ito nandito po ako sa saudi
Good morning po. Tanong ko lang po kung hindi po nakaattend si employee Ng hearing due to family emergency dapat po bang mag progress Ang kaso? At magdecide na agad si employer na iterminate si employee?
Can anyone send me informations or any video segments on the subjects of medical malpractices or medical negligence or gross negligence PERFORMED in the hospitals !??
pasok po ba sa absenteeism yung naglo-login lang during office hours pero not responsive naman sa messages (work from home set up) then after office hours sya nagrereply? Technically absent sya during office hours pero the employee wanted the teammates to think that he/she is online and working while in fact wala sya sa harap ng computer to get the job done. Ang reason nya is she is not feeling well during the day kaya sa gabi sya nagwo-work . No notification sa teammates and supervisor, basta na lang sya gumawa ng sarili nyang schedule.
Good day po ...tanong ko lang po..sa family driver...pwede po ako mag file sa dole...kc po tinanggal nlng ako basta...salamat po
Tanong ko lang po. Nag resign po ako sa company ko. Natapos ko po ang 30 days render. Kaso may mga absent ako.at late gawa ng namatay po ang nanay ko nag sent po ako ng death cert. In my last day kinausap ako ng boss ko.sabi kahit natapos ko yong render ko.since may mga absent at late ako di daw ako rehireble. Tama po ba yon?
Hi attorney.
Anu-anong grounds ng termination between probationary and regular employees?
Magkaiba po kasi ang dalawa.
Atty. may Tanong po Ako yong pinsan ko naterminate without due process, wla Rin na serve na termination paper, Hindi ibinigay yong unpaid salary nya 5 months, Sabi nila in verbal wala daw Kasi naterminate Siya, sumulat Siya sa head of the agency at personnel officer, hnd Sila nagreply, Nakita nya sa gsis na yong personnel at government share nya ay naremit, it means nadisburse nla Hindi lang ibinigay ng head at personnel officer, pwede ba Sila kasuhan ng grave misconduct at corruption
Good day attorney Ramirez what if nasunod namn po ni employer yung due process, Like NTE,AdminHearing and Termination letter.. Ang concern lg po namin mga emplyedado hindi po namin matanggap yung pagkatanggal po saamin kasi hindi namn po ipinakita saamin ng employer kung paano na validate yung losses namin kasi po for example yung actual namin na bilang ng fields auditor is 50,000 sabi po saamin ng field auditor ivalidate pa daw po kumbaga may chance pa na bumaba , Now, yung nangyare po nong pagka validate na po is biglang nag 63,000? That's why hindi po namin alam kung bakit ganyan po kalaki..
Where and How can I buy the book in the Philippines?
may tanong lang po ako sana atty, pwde bang gross and habitual neglect of duty yung nagkakasakit ka po?
Pano pag di sila nag bibigay ng SIL ang company tapus pag natapos na po yung contrata namin na 5months eh pina patuloy din po kaming pinagtatrabaho pero walang contrata
Sa pinanggalingan kong company walang bypass policy. Ang daming hurts, conflicts at away away dahil dumederecho ang employees sa owner ng kumpanya kapag ang isang empleado ay may complain against an office mate. Hindi dinadala muna sa immediate superior, derecho na agad sa owner ng kumpanya by texting, sending email, or direct talk.
Can you discuss about bypassing a superior or an immediate superior? Thank you.
SIR..POSIBLE BA NA TERMINATED AGAD PAG NAG PABAYA KA..WLA MAN LANG FIRST OFFENCE? ksi wrong transfer lang ako Ng call ko..fisrtym ko nagawa...call center ksi ako
Atty. What it unintentional yung negligence? Plus I cannot have evidence since blocked yung work account ko i cannot sign in sa PC. The case is compromised account work email that was used to send phishing emails externally by an attacker/hacker, then it was taken lightly by the other admin after nag alert na may attempted logins yung account ko bago matuluyan mahacked. Please po help :(
pano kpag 1 day po absent lang pero halos half ng department due work matter po
Good day Attorneys! May I ask who is responsible in submitting medical certficate that has a mark of Not Fit to Work? I am working in a BPO with a WFH set up but they had annouced that RTO will be implemented soon. My right foot was diagnosed with heel spur and I am suffering from pain and bec of that I ask for an exemption to continue working from home but it was declined. I also asked if I can render my 30days at home to exit gracefully but still they declined it and told me that I need to render onsite in which I cannot due to my sickness. They are asking me to submit Not Fit to Work Medical Certificate and after that they will terminate my employment. Hoping that you could advise me on this matter.
Thank you and more power to your channel.
This depends on your company policy, but as a general rule, any qualified medical practitioner (better if they specialize in the specific disease) would be competent to issue the certificate. If they're going to use authorize causes for termination on the basis of disease, then you may need to go to a public hospital for that. Best to ask your HR or company to be sure. Hope this helps!
@@LegalGuidePhilippines Good day Attorneys. Thank you for your reply. But still have additional questions that bothered me. If I am going to submit a resignation letter in which they required me to do so but not on my free will, can I still file a case against my employer? Would that be considered as vanilla resignation?
Looking forward to your response. Thank you
Hello Atty..kapag nanalo po b ako s kaso pwde ko po ba request seperation pay instead of reinstatement? Ayoko n po bumalik kse sira n po tiwala ko s employer ko. Magkano po ba Ang seperation pay? 5years po ako bago naterminate.. Thanks po
Dapat po sinabi na sa position paper yan na ang preference nyo po separation pay in lieu of reinstatement. In addition, yung computation, lalabas naman sa decision yan.
Ask ko lang po..what if po kung dalawang letters lang pa ang natamghap nya..notice to explain at termination letter lang po ang mga letters na yon..wala pong verbal explaination..
Suggest ko po panoorin ninyo itong isang video namin, nilatag namin dito ang tamang proseso ng pag terminate ng empleyado: www.legalguide.ph/terminate-employees-properly
atty paano kung gross and habitual tardiness and absentism for 6 months na yung employee pero hinaharang ng Supervisor hindi nabibigyan ng NTE kaya hindi materminate ng HR. pwede ba madamay sa negligence yung supervisor kasi tinolerate yung agent for that behavior?
Yes. Pareho silang may negligence.
thank you for your response. Highly appreciated.
ano po pwde e bato po kay supervisor as negligence po?
Kapag po ba may grounds for termination it will automatically mean that you are terminated?
Saakin po may deliberation padaw/panel, bago mag Notice of Termination
Kumusta po maam
Good Day po, ask lng po ok lng po ba na hindi na po replyan un notice to explain. ks tanggap nmn po ng employee na terminate po sya. may magiging kaso pb dun.? Thanks po
Ok lang naman po. In fact, karapatan po ng empleyado na hindi sumagot sa notice kung ayaw po nya.
pareho po tayo, nagresigned ako ng maayos, nagrender pa ako ng more than 30days, pero pinadalhan pa din ako ng notice and reason for abondonment of work daw, ayaw ko ng sagutin kasi ayaw ko ng bumalik sa company na yun at tatangapin ko nalang yung reason ng notice..kahit hindi naman totoo
Wala din po bang administrative hearing na nangyari?
Anong kaso kapag napatunayan
Pa help po.. illegal dismissal..thanks po..
At the end of the day, employees are but numbers. Hence, we are expendable. The real employees who work hard or smart are the ones being neglected by their employers or it's representatives. We need better laws to address the rights of the working class like specific ones in addition to the general provisions mentioned herewith.
Makakaapply pa ba Ito
Ask ko Lang Mga idol may ka kilala ako na ung ung NOTICE EXPLANATION tapos ung SUSPENSION tapo MISCONDUCT ang naka lagay sa baba you are advised to file a voluntary resignation as soon as possible
Tama po ung gina nang company?
Di po namin alam kung tama kasi marami pa pong mga detalye na kailangan malaman. Kung kailangan po ng kaibigan ninyo ng tulong, pwede po s’ya mag book ng consultation sa www.legalaccess.ph
Bakit po half month for every year lng ang babayaran sa me sakit? Wla po bang explanation bakit di one month pay per year of service?
Yan po ang naging decision ng mga gumawa ng batas na ito. I think para maintindihan kung bakit ganun po ang reasoning, pwede pong balikan ang minutes nung deliberation ng mga mambabatas nung ginagawa po ang batas.
In the meantime, habang hindi po nababago ang batas, obligado po tayong sundin kung ano po ang nakasaad dyan.
hinahabol nga niya ang final pay niya, reasonable naman na hindi siya pupirma ng quitclaim kasi pwedi magamit yung against her,
Gumawa kami ng video specifically on quitclaims. I think makakatulong din po ito: th-cam.com/video/bxVfTZOARfM/w-d-xo.html
Pagnnakaw sa company