Seeking advice -- legal action against employer

[badsekktor]

Halos similar situation pala kami ni ts. Medyo iba lang yun akin. Nauna yun business bago nagka-issue yun company.

yun system na ginawa namin ng predecessor ko gustong palitan nung bagong vp. Kasabwat pa yun assistant ko. Eto naman si boss eh no idea. I just told them na kung interconnectivity ang problema eh lagyan lang ng stable internet connection bawat satellite office na gustong iconnect at kayang-kaya ng system na ginagamit namin yun.

kaya lang hindi ako yun tipong sipsip kaya mas close si vp sa management at big bosses namin so we ended up purchasing the expensive system and buying the necessary expensive equipments plus getting also the required internet connectivity ng mga satellite offices.

Si vp eh pinag-create pa nila ng department para i-head. Pero lahat ng projects nya flop. As in lugi. Naging liability sa company. Nagresign si vp before ako umalis. So after matapos ko yun programming. I decided na umalis na ko. Hindi ko matatagalan makipagtrabaho sa ganung environment lalo na yun assistant ko eh hindi ako ang kakampi.

After 6 years hindi pa rin nila maimplement yun system. They hired 3 experts daw in my replacement and yun system eh hirap iimplement lalo na sa end users kaya they are still using our system...

Natatawa na lang ako dun sa vp coz right now eh mukhang mas ok pa ako ngayon sa kanya.... feeling kasi niya na dapat binibili lahat ng bagong toys para magsucceed yun negosyo. Hindi muna niya inisip kung justifiable yun purchase lalo na kung redundant na trabaho lang ang gagawin. Kung meron man improvement eh minimal lang or negligible.

Sa huli talaga ang pagsisisi....kahit malaking negosyo eh nagkakamali pa rin...

well kwento ng mga former officemates ko yun... anyway thankful pa rin kasi hindi ko mararating ang sitwasyon ko ngayon dahil sa nangyari na yun. And napakaraming oppurtunities ang nagbukas sa akin simula nung nag-full time kami sa negosyo. Baka yan din ang kailangan ni ts.

Avoid mo na legal confrontation. Costly yan at time consuming. Yun company could hire someone para sabayan ka pero ikaw, sariling bulsa mo mangagaling gastos nyan. Oras mo ang uubusin. Manalo ka man may bad blood na between you and management.

hahanapan ka ng butas nyan to terminate you na hindi nila kailangan magbigay separation pay. Kung kaya mo tumagal eh good luck. Tatambakan ka pa ng trabaho... company politics yan bro. Baka yun take charge guy eh dikit sa mga boss nyo.

[dreamur]

*badluk, I wont take a stand at this point since I have not heard your company's side but regardless who is at fault, there has to be a due process. Notice of explanation from the mgmt, your response to the notice and finally disciplinary action. It sounds like you have all the back upd to support your case and you have presented them. If mgmt has not made any decision yet on the case, then chances are their position is weak. They would rather wait for you to resign than implement a an action which could be deemed as illegal termination. If they wont offer you a severance package and would just left you hanging, then they are playing the waiting game until you give up. If you still can bear the heat, call the bluff. If you find a better offer, go for it. The stress is not worth it.

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[badkuk]

Now they're giving me the silent treatment. I have been emailing them(para me paper trail) about the matter, wala man lang acknowledgement na nabasa yung messages. It's clear as day where this is headed.

[dr. d]

Now they're giving me the silent treatment. I have been emailing them(para me paper trail) about the matter, wala man lang acknowledgement na nabasa yung messages. It's clear as day where this is headed.

send a letter by registered mail. that's paper trail.
and wait for the day of firing. make it difficult for them to say it to you in the face.
some guys, when they know what they are doing is "not right", can't or won't say it to you in the face. and they know it. and everyone in the office will know it.

[badkuk]

*badsekktor: yeah, inmy first job ma ganyan ding kaso. This supposedly hotshot multiimedia "expert" wanted autonomy in setting up their own network. About a year later the guy resigned....and pinada ng department ung maintenance sa amin[emoji14]

*dreamur : dyan po ako nainis. No due process. Because thry know thry dont have a case. Kung me kasalanan man ako, alam nulang sabit din sila, because they give ouy directives that i follow.

[badkuk]

* dr. D : iba po tong kumpanyang yo eh, basically a back office. Apart from our hardwaee/software suppliers, walang interaction with th local IT scene. Recently lang nagkaroon ng potential client sa PH

[_Cathy_]

Just reading the situation stresses me out already. I can't imagine being in the shoes of the TS. The aggravation is really not worth it. The best revenge is to find a better job. It's the TS against x number of people. He doesn't even know who is on his side.

I really hope all will turn out well in the end for TS.

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[badkuk]

Thanks po mam cathy..one way or another, matatapos din to

[Ry_Tower]

Matatapo din yan. Tsaka if it is not your fault, and as long as you have proof to contradict their accusations, sa DOLE na kayo mag-usap. hahaha

[dreamur]

If it would help, the labor arbiter is always on the employee's side.

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[Altis6453]

TS,

1. Keep record of all written communications
2. If you are issued or were already issued a Notice to Explain, make careful note of the supposed violations they allege you made
3. Read up on your employee manual regarding disciplinary action, most especially the violations and the procedure prescribed on addressing it
4. Where necessary, get a lawyer to help you draft your reply

HTH!

[badkuk]

Re the two major issues against me, lumapit na lang sila sa akin nung grabe na, as in weeks nang me problema. Although nafix ko kaagad after being informed(within 12-24 hours) they're insisting na mabagal daw response ko. And i don't recall na nagraise sila ng complaint during that time. Even so, i repeatedly told them that i wasn't informed about it, and asked them to clarify whether responsibility ko pa yun, since the other group already took charge. Wala naman silang sinabi o binigay na proof that i ignored it, or was slow to respond.

[Calistro]

Pag ganyan un nangyayari ang usual na tanong namen eh, malaki ba naging impact sa productivity ng mga tao? Nalugi ba ang company ng time na yun? Madali kase sabihin na matagal ang response time pero kung wala naman mabigat na impact, wala din problema. Root cause analysis ba ginagawa nila sir o finger pointing nalang? Sometimes we flip the coin, we tell the management kung ano kulang sa support nila. But it might be a bit risky to do it in your position sir. Your call to push through legally, meaning eating through time and money or lipat ka nalang sa iba. No one can take your experience from you. Company position changes depende sino nasa taas. Might be a chance also to build better rapport with the management na lipatan mo in case.

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[badkuk]

Finger pointing lang sir, plain and simple. Problema kasi this take charge guy malapit kay boss.

[unmarked]

Is fighting this worth your time sir. is staying ala matira matibay worth the stress. because if it is, then go lang. Is the severance pay, if you are qualified, worth all the negative vibes? I really don't think so. if its just to prove a point, I really suggest move on na. You might get the satisfaction of shoving it down their throats, pero saglit lang din yun. Do what will contribute the most value to you and your career, which is to move out. habang pinag iisapan mo pa, get your CV ready, and start hitting that send button. glassdoor is a good resource, gasgas na ang jobstreet.

[Calistro]

Linkedin also nets you a lot of opportunities. Add headhunters to your network and wait for invites to flow in.

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[badkuk]

So i talked to management again, and predictably kasalanan ko pa rin lahat. Wheni mentioned why i had been getting good evals and consistent performance bonuses and raises, basically out of awa/consideration lang daw for me. Imagine, 12 years, galing lang pala sa awa yung bonus and pay raise ko. Wow.

[yebo]

it is really time to leave sir. they do not deserve your loyalty.

kung ako lang andyan iwanan ko yan ng time bomb. not the literal one, yung sofeware kind. or even hardware. yung iikot lahat ng pwet nila sa kakahanap kung nasan ang sira.

[dreamur]

Bro, tell me about the company. Is it a corporation or a family business? Is it domestic or multinational? How big is the workforce? What is the est annual revenue (sale)? What is the product/industry? Need to understand why management is acting that way which is very unprofessional. It sounds like there is no clear org structure nor an HR who is responsible for labor and legal matters. If you are not comfortable sharing the info, that is perfectly understandable.

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[badkuk]

Backoffice po sya doing software development. Sorry, i can't disclose any more than that for now.

Tama po kayo, malabo yung structure, policies, etc. Lots of times i feel they make stuff up na lang on the fly, because there really were no existing rules/regulations.

Some managers here pull double duty : while being part of management, nagdadraft din ng proposal, doing marketing stuff, and one does coding pa. Parang yung isang manager lang nga ang pure HR