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TOPIC: Unfair labor practice

Unfair labor practice 4 years 11 months ago #14590

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Hi... I would badly need your legal advice... I really wanted to know if I would make the right move. The situation is, 3-4 months ago our HR Manager resigned, then our acting HR told us verbally that I will be in-charge of the HR department for the meantime while they are still searching for a replacement of our Manager. For the past 4 months I've been tasked to do several role that I am not supposed to do but since there is no one who can handle the task, I have been left with no choice but to accept it. By the way, I was only an HR associate, handling a certain business unit with their HR needs.

When our HR Manager came in, I was surprised when there were too many issues were being thrown against me. 1st they issued me a Notice to explain asking me why I was not able to open a certain email address which contains applications from applicants. I told them that I honestly don't know the password of the email address and that if ONLY I know about it and that I was assigned or responsible to it, I would definitely, with no hesitation open and maintain it. We were like 4 HR in our department having equal access to all emails and I was so surprised that they were blaming me for something I do not know. Base on the case that they filed against me, I have committed gross negligence and per our company code, it mentioned that I had a willful intentions which I totally could not understand at the same time, in the code it mentioned that I have done something detrimental to the company property etc. I felt so frustrated when I learned about this case. I could not understand why would they blame me for something I didn't know and held me sole responsible with that email.

Few days after, I received another notice to explain letter... base on the NTE, they were again filing case against me for another gross negligence for sending erroneous data to our HMO provider. I must admit, there were errors (typo errors) but I told them that I only extracted the data from our data base which is being maintained by another HR staff. For me, I think that they were being unfair to me considering that I they gave me such a complex task and/or responsibility. I was actually so delighted that they gave me their trust, but I was also feeling so frustrated and regretful that now that these is happening to me despite my full effort of making our department work. Also, I got no proper guidance of help from anyone or from any superior since my Day 1 in our company... I think it is unfair that they are now blaming me and would terminate me just because I was wrong with the some data I sent (which is again to my belief is something I tried to worked out the best that I can) and I feel that if they think I was not doing my job properly I should have not been regularized or would have a Successful Annual performance evaluation. I did the best I could and I feel bad that this have turned out negatively on me rather than appreciate what I have done.

Few days after, they called me for an admin hearing.... again, I thought this is the best opportunity for me to explain my side... however, it turned out that the committee who went to the admin hearing pinned me down rather than helped me with my struggles. I felt I was "napagtutulungan" during that time that I became hysterical... but still try and managed to compose myself but it was the most depressing experience in my life. I felt so down, belittled, unworthy and felt injustice that day. It was followed by an advice by my HR Manager that I should resign instead... he told me that he was just concern that maybe resigning could help me with this case. However, I felt that resigning is like telling me to admit that I did neglect my duty that I was not responsible. I do not think that I was being neglectful and irresponsible. And I really think that what they are doing is unfair and illegal and I wanna fight for my right til the end. My HR Manager also think that my case was not as worst as any other cases that he'd encountered for the past few weeks such as fraud, integrity issues, stealing... I really think that I am being mistreated by the company and I really feel so bad about it.

Right now, I am still waiting for the decision and base on my last conversation with our manager, he mentioned that there is a 90% chances that I'll be terminated. Please tell me what to do... I badly need your help. I do not think I deserve all of these because I have loved my work and the company so much. I do not like to resign yet because I was thinking that it will be Christmas time soon and I don't like to be unemployed during those times... Please please please please help me.

Thank you.
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Unfair labor practice 4 years 11 months ago #14732

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Never resign. Wait for them to terminate you. After they terminate you, come to my office.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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Unfair labor practice 4 years 11 months ago #14741

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Hi atty. They already terminated me this Sept. mas lalo ko pong naramdaman ang injustice. Sobra pong nakakademoralized... dumeretso po agad ako sa DOLE right after I received the notice of decision. Naka 2 conciliation na po kame but nagmamatigas sila na just cause daw po ang pagteterminate nila sa akin. I'm asking them to pay me for the moral damages but the HR manager would not like to make any settlement. Ngayon po nasa NLRC na ang case namen.. kaso po tinatakot ako ng manager na mahina daw ang kaso ko.. kesyo talo na daw po ako... kung ano anong panghaharrass ang sinasabi nya for me to backed out. Tapos po de calibre daw po ang company lawyer nila kaya magdasal na daw ako. Natatakot po ako kasi baka matalo ako sa kaso dahil wala naman po akong lawyer pero sa pananaw ko...maling mali po talaga ginawa nila sa akin. What should I do?

Thank you
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Unfair labor practice 4 years 11 months ago #14780

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Punta ka sa office. I will offer you free legal assistance. Bring all the documents.
"Excellence is our Standard..."
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Unfair labor practice 4 years 11 months ago #14786

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Ok sige po.. would appreciate so much your help atty..
I'll call tomorrow to set po siguro an appointment with you? Thank you.
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Unfair labor practice 4 years 11 months ago #14806

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Ok.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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