legal Free Legal Advice

[magtatah0ng]

I guess this is the answer to my question 30-days ago: "will the company dismiss her after the suspension?"

 

My sis just got terminated. I don't have the details yet, her phone's been cut (the company is a giant cellular company). Naturally all of us in the family feel that an injustice has been done. Anyway, I got some advice from a new law grad. He said there's nothing we can do bcoz the matter is an internal conflict that is ruled by the employee handbook. As long as the procedure is followed correctly, i.e. written memo + suspension, then you air your side, then termination (is it???)... there's nothing we can do no matter how absurd it is. They can always use "loss of trust" as just cause bcoz she works in systems.

 

details below... posted about 30-days ago.

 

Mga bossing, advice naman about a labor issue:

 

My sister is a systems analyst working for a well-known company.  She's been a loyal employee for 6 years.  Last week she received a 30-day suspension for alleged dishonesty & insubordination.  She has been asked to clean out her personal belongings from her desk (why??? its only a suspension).

 

She regularly goes out to lunch with her friend, a supervisor who was accused of cheating on her timecard by asking her staff to punch out her card.  The supervisor and the staff have since been terminated for that offense last month.  During the investigation, my sister testified before a panel that they all came back to the office after lunch with 3 others at around 1:30pm.  The 3 others have corroborated her statement, and guess what... all of them were also suspended for dishonesty & insubordination.

 

The basis for the company's decision was that they were followed by 2 guards who said that they saw the supervisor board a bus at around 2:45pm.  So the company concluded that all 4 witnesses lied to protect their friend.  They were even accused that they "may have" punched out the supervisor's card in the past.

 

Mga panyero, is there sufficient evidence that my sister knew about the supervisor's offense?  Its a known fact that she did not witness the offense being committed (boarding the bus, punching the timecard).  She insists that she really did not know.  Who would be so stupid as to announce that they're about to commit an offense anyway?  The timing is suspicious because the witnesses were suspended a few days after the terminated supervisor had filed a case at DOLE/NLRC.  Why wait 1 month?

 

I think its a ridiculous charge, meant only to weaken the case against them at NLRC.  Is there a possibility of reversing the 30-day unpaid suspension?  Their employee manual imposes dismissal for the offense of insubordination.  Is insubordination always attached to the charge of dishonesty?  If yes, will the company dismiss her after the suspension?

 

***with updates***

[liquid4s]

"father can dispossess the mother of custody"........... please explain, baka pwede ganun nlang? what would be grounds for the father to disposses the mother of custody?

[cleanshave]

attys. butsoy and freelicker...me tanong lang po ako sa inyo na hindi related to any legal problem....

 

gusto ko lang pong malaman kung tatakbo kayo for an elective position.....kasi meron tayong senador na ganyan ang ginawa bago nag-eleksiyon...or something similar...hehehehe....

[Diaz]

sa pilipinas ba magkano ang Matrox parhelia? I'm planning to buy this card but it's too expensive for me...but it's a very good card for 3d and graphics because it supported up to 3 monitors.

 

Here in KL its around RM1700 x 13.8 = P23460...(Mahal masyado)

Ngeks...masaya ka na dapat dyan!

 

the last time i checked it in US$, pag na convert mo na sa Phil peso, 50T.

 

arrrghhhh mamamatay na ako nyan!

Naku! sobrang mahal pala dyan...

Matrox had just release 2 new Millenium series cards. P650 & P750. support dual head at tripple head ang P750. I think I'm going to settle for P750 w/c cost around 13 to 14 k pesos only. Sa office kasi 2 monitors ang gamit ko.

[Diaz]

HI, second post ko po....Virgin pa pala ako(join today)...hehehe

 

I am presently working here in KL as CADD technical mgr/3D visualizer.

 

Here's my specs:

 

AMD XP 2000+

2x512(1 gb) PC2700 ddr ram

Epox 8k3a motherboard

Suma GeForce 4 ti 4400

Audigy 1 Platinum

ATCS (Coolermaster) Casing with 450W PSU

Liteon DVD & Liteon CDRW

2x40gb Seagate HDD (7200rmp)

Altec Lansing ADA 885 (THX)

Logitech Cordless freedom & mouse

 

Thanks.

 

kewl job pre, ano ba mga product ang dinedesign nyo usually?

 

d ka ba nago-overclock?

Working in an Architectural Design firm. ang trabaho ko ay how to speed up production sa mga construction drawing.. writing some autolisp programming sa Autocad at mga 3d rendering & animation for presentation. depende sa requirement ng client.

 

Dati nag overclock ako, pero tigil na. no time para mag kalikot ng computer...

Saka Mag upgrade ako by next month to AMD Barton 3000, pag naka singil sa mga sideline ko..hehehe

[apollo11]

saklolo sa mga mac user/FCP2 users.

 

pano nga ulit magpa out sa NTSC monitor from your deck? Sa dami-dami kasi ng settings.

 

langya talaga yang gumawa ng FCP! maganda nga pinapahirapan ka naman. hehehehe

 

pero in fairness maganda po talaga

 

salamat

[silentkilla]

Some of you guys talk about AMD Athlons and Bartons. Athlons I'm familiar but Barton is something new for me, so can anyone tell me what's the difference of AMD Barton to AMD Athlon. Pasensiya na kayo, di na ako nakakabasa ng mga PC World lately, have to prepare for my class and have to finish some programming jobs for money

[Butsoy]

Yes ako tatakbo ako sa oval ng UP and I do it at least once a week hehehehe

[Butsoy]

I need to consult with a corporate lawyer ..... plss.. asap po

 

Anything I can do Miss SL?

[Butsoy]

Sa lahat ng Panyeros:

 

       TY sa legal aid services nyo... Butsoy was out of town for the past weeks nag bakasyun.. then na busy sa National Convention ng Lawyers..

Keep up olur good work.... kahit na walang recognition sa mga admin at moderators  dito... and kahit na madaya ang moderators at admin dito... Imagine abugado na dinadaya pa...

 

 

Butsoy

Can you please expound sir?

 

Cyber Pinoy:

 

First: you guys kicked me out of BLR without any reason. with out any sufficient notice.

 

Second: The last log on I had in April before holy week I already got more than 150 posts.. suddenly it dropped to again 130.. obviously siguro para di ako makapasok ulit sa BLR.. I dont know.. kung hindi daya yan.. what? discrimination?..

 

I remember I started this Free legal aid to help you guys and our readers but for maintaining this thread.. na ban pa ako sa BLR without any reason?...

 

Kindly explain also SIRS....

 

Butsoy

Sir, Templar has explained mainly what happened to the number of posts. If you have noticed, I have also to change my username. I had to add an underline between cyber and pinoy. Before its just one word. I was also affected with the slowdown of the system. I also lost my posts which made me very difficult to recover....

 

I was a moderator since May 20 and I am not aware of what happened to you being a member of the BLR. Good for you, you were at least amongst the BLR members for a while. Eh kami, matagal na kaming nag-aaply and still to no avail.

 

I'll try my best to find out what happened.

 

The recognition goes to you sir and will be the one who is remembered to have created the LEGAL THREAD.

 

You have my support all the way......

Cyber Pinoy, Templar:

 

TY for the nice explanation, still nursing that grudge of why they kick me out of BLR. until now di pa rin nila ni reresolve. I pointed out that they're wrong in their decision but nobody cares to give explanations. Yun lang naman ang akin. Its hard to be a victim of discrimination and foul play especialy so that we're here helping our bros through this legal aid. Ang akin lang a valid explanation and clear rules. mawawalan ng saysay and we wil lose credibility if we can not even fight for waht we believe in and yet her we are sahring our expertise in law....Hindi maganda.

 

 

Butsoy

[magtatah0ng]

Barton is the latest revision of the AMB Athlon XP product line. Just like MS Windows w/c has different revisions (98 < 2000 < XP) the Athlon line also has different revisions (Palomino < Thoroughbred < Barton).

 

Barton is basically a Thoroughbred with double the L2 cache. Because of this the processor speed rating has changed. For example a 1.8Ghz Barton chip has a speed rating of 2500+ while a 2Ghz Thoroughbred has a lower speed rating of 2400+. That's how good the engineering is on these chips that at 1.8Ghz it can compare with a Pentium4 2.4Ghz. The 600Mhz difference in clock speed isn't enough to pull the P4 ahead, bcoz Athlons are able to do more per clock cycle.

 

I tested my Thoroughbred 2400+ last night to see how far it could go. Its default clock speed of 2Ghz makes it equivalent to a 2.4Ghz Pentium. But when I overclock it to 2.2Ghz with 200Mhz FSB my SiSoft Sandra score puts it ahead of a 2.8Ghz Pentium4. That alone is a free upgrade worth P11,000 based on current prices. I feel like it could go faster bcoz my CPU temp only went 2°C hotter but I don't want to void my warranty. After my warranty expires then I'll go for it.

[SideWinderX]

hey guys meron ba kayong alam na buyer ng 286 ko at trs 60. mura lang mga tol, o kaya swap ko na lng ng kaning lamig hehehe

[Guest sexy_legs]

Butsoy, tama ba ang no. na binigay mo? di ka naman po reply sa txt ko eversince... I hope to talk to any corp. lawyers.. soon!

 

thanks!

[L()!$]

anyway, qstn lang po sa mga lawyers who would be familiar with this, kasi m not really sure who to ask that can be trusted:   im in the u.s. since last may22nd.. turnd 21 last august. im carrying an h4 visa (being a dependent of my mom). hm, pano kaya yung status ko dito? i just need some lights shed on this issue.. pleeease? kasi kung di na'ko pde, e patay.. uwi na lang me. not unless there's still something that can be done. btw, mommy ko is a tchr in a public sch, pero d pa nya nasimulan yung gc nya.. pano kaya? i need your honest opinion please.. sensya na.

have fun in your eb nga pala.

Let me try my hands on this..... I'm not a US immigration lawyer (I don't think any of the MTC lawyers is) but will base my answers on my own experience and those of friends and relatives who have migrated to the US.

 

I presume your mom migrated to the US by virtue of an immigrant's visa following a petition. If she intends to get a Green Card for permanent residency, she is required to stay in the US continuously for a certain period of time (at least 6 mos. yata?). If she leaves the US at anytime before getting her Green Card, for whatever reason, the counting of the 6-month period will be restarted when she goes back to the US. In the meantime, the immigrant's visa allows her to obtain gainful employment which she will need when she applies for the Green Card.

 

A student visa, h4, only allows you to stay in the US for as long as you need to finish the studies you declared in your visa application. Once done, you have to convert to a B1/B2 (tourist/business) visa if you wish to continue staying in the US. There was a time you can do this conversion in the US before your h4 expires. However, US INS now requires you to go back to the Phils. if you are to change your visa status. An h4 doesn't allow you to obtain gainful employment in the US outside of the educational institution you're studying in. By gainful employment I mean with all the requirements for social security number, hospital insurance etc. (Of course, if you don't need these benefits you can always find "unofficial" employment in the US.)

 

So to answer your question, if you've finished the studies you declared in your visa application, you have to come back now; otherwise, you'll be put on the INS APB (All Points Bulletin) as an overstaying alien.

 

Hope this helps......

 

P.S. Uwi ka na dito para maka-attend ka ng EB ng MTC :flower:

hi sir templar! thank you po sa sagot... ngayon lang ulit ako nag log-in sa mtc e... kinda got busy with a new job na... following my aunt's advice pero still kinda shaky on the decision though, like if i wanna stay here for good or what.

lol! tama ba namang sabihin yon, uwi na para lang maka-attend ng eb?! hmm, even if i did, feeling ko baka ako ma-o.p. e,, or sumthin. one of these days though, sana by the time i come back home ok pa din ang samahan dito sa mtc!

 

more power to the LEGAL THREAD!

[L()!$]

grabe..  :o galeng pla nitong site na'to.. i wonder why i nvr heard of it when i was still there,    kelan nga ba sinimulan to?? gotta check up on that..

anyway, qstn lang po sa mga lawyers who would be familiar with this, kasi m not really sure who to ask that can be trusted:   im in the u.s. since last may22nd.. turnd 21 last august. im carrying an h4 visa (being a dependent of my mom). hm, pano kaya yung status ko dito? i just need some lights shed on this issue.. pleeease? kasi kung di na'ko pde, e patay.. uwi na lang me. not unless there's still something that can be done. btw, mommy ko is a tchr in a public sch, pero d pa nya nasimulan yung gc nya.. pano kaya? i need your honest opinion please.. sensya na.

have fun in your eb nga pala.

I'm no immigration lawyer, pero, i have a friend who runs an immigration consultancy here. from what i've heard, an H-4 visa is a dependent of a H-1A/B. Here's what you can do, apply for your own H-1B/H-2B visa, you will need to have an employer to "sponsor" your petition. You can also inquire sa BCIS (formerly the INS) on how to convert your H-4 to an F-1 (student visa). Do this at the soonest possible time. Pag nag lapse yung status mo, out of status ka na (otherwise known as TNT) ... your last option is to marry a US citizen and adjust your status there. In whatever you do, always consult a professional, they maybe expensive but at least they know what they are doing.

sir tsinito... hello po. i knida wanna know another lawyer's opinion on this kasi e, yokong mag-depend lang sa lawyer na kasama sa agency, i feel that i cant trust them. was looking for another legal way to have it converted (my h-4) into an h-1 since 21 na'ko, pwde nang maging independent in other words. meron kaya yung ganong option? hmm, ive thought of calling the bcis na din, but then im kinda scared to do so kasi baka mamaya makasama sa part ko if i did ask. pano kaya? d ko kasi alam kung sinong pwedeng tanungin regarding this na i know my info is safe with them... i hope i'm making some sense.

ayon, thanks sa reply.. kala ko di na ma-rreply-an e! heheheh!

ty!

[Butsoy]

Butsoy, tama ba ang no. na binigay mo? di ka naman po reply sa txt ko eversince... I hope to talk to any corp. lawyers.. soon!

 

thanks!

My number is is 0916******* you can txt me now

 

 

 

 

(oppps! no # po please... )

Edited June 6, 2003 by Immaculate Bitch

[angelonherknees]

Hi mac users What's a good image mapping tool that supports OS X? Sana freeware sya...

[Butsoy]

just a little Q?

 

Does anybody knew about intellectual property rights???How can I prove somebody is stealing my ideas and sue him.

Example: I compose a song and then a well-known personality claimed he composed that song, can I sue him/her? I have nothing but the original lyrics and tune of the song.Walang kalaban-laban ano???

 

thanks guys...

 

Shyboy:

 

Sorry di agad na pansin ang q mo for processing, hehehehe! anyway ganito yan:

 

Republic Act 8293 provides:

 

178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted. However, subject to contrary or other stipulations among the creators, the producers shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work

 

 

therefore you only got to prove that you are the original composer of ther said song or music and you can regoster your protest with the IPO office and also file damages against those who plagiarized your work.

[freelicker]

"father can dispossess the mother of custody"........... please explain, baka pwede ganun nlang? what would be grounds for the father to disposses the mother of custody?

The problem with taking the custody of the child away from the mother is that the law normally protects the right of the mother to the custody of children below 7. Thus, the presumption of custody is often against the father for children below 7. However if the father can prove that leaving the child with the mother will be detrimental to the child (she's a prostitute or a drug addict or something similar), then the court could award custody of the child to the father or some other relative of the child.

[skywalker1201]

sir, i have a question regarding my contract?

 

i signed 2 contract, isa para sa training program den ung isa for the job offer.

ung training contract specified that i must render 2yr service upon completion of the program. pero nung job offer na, nakalagay dun na "This agreement represents the entire agreement between the Company and you and supercedes all previous oral and written communications, representations or agreements between the parties."

 

void na ba ung unang contract?

 

need help mga lawyers!!

[Wolf]

sir, i have a question regarding my contract?

 

i signed 2 contract, isa para sa training program den ung isa for the job offer.

ung training contract specified that i must render 2yr service upon completion of the program. pero nung job offer na, nakalagay dun na "This agreement represents the entire agreement between the Company and you and supercedes all previous oral and written communications, representations or agreements between the parties."

 

void na ba ung unang contract?

 

need help mga lawyers!!

I believe the second has amended the first at least in terms of the period of service. The training contract merely ensures that you would work for the company for at least two years after the training. Now the second contract, unless it contains a fixed period of employment, should be interpreted as one where the tenure is anywhere from one day to sawa.

[skywalker1201]

sir,

wala ng nakalagay na 2yr service requirement sa 2nd contract.

 

dapat pag ganitong mga contract naka notaryo ba?

[Oral Specialist]

I have a question: I'm currently using WinXP for a server for about 7 computers. Will I benefit if I upgrade to Windows Server 2003 especially when it comes to assigning user permissions? I want to reduce my problems with permissions and have full access when I enter my name and password in any computer while restricting the permissions of my receptionist and other employees. Thanks!

[Guest templar]

sir,

wala ng nakalagay na 2yr service requirement sa 2nd contract.

 

dapat pag ganitong mga contract naka notaryo ba?

Since, as wolfster said, the 2nd contract amended the first, then the 2-yr service requirement has effectively been waived in the 2nd contract.....

 

About notarization, the law requires any document that vests rights or recognizes obligations to be notarized so that the applicable taxes thereon may be applied ..... the reason being that the vesting of rights and recognition of obligations are mere privileges granted by the government to its citizens and therefore can be regulated and taxed ...... or something to that effect .... si pareng freelicker would know more on this.

 

However, this legal requirement is more respected in breach than in compliance ......

 

For legal purposes, documents are notarized for future evidentiary use ..... although an unnotarized contract remains binding between the parties, proving the existence and contents of that contract through a third party, impartial source is indispensable in litigation. Hence, people prudently have their contracts notarized just in case relationships turn sour and a suit is filed based on the contract. So, if a contract is notarized, then the existence and contents of the contract is easier to prove and almost impossible to disprove; on the other hand, if the contract is unnotarized, then it becomes one party's word against the other as to what was really their agreement because both of them can produce an unnotarized contract and claim that it is the supposed contract between them.

 

Sorry, haba ng sagot ko ha ..... nagpapraktis kasi ako baka magturo ako this sem eh! .... he he he!

 

In short, tingin ko wala na yung 2-yr requirement sa job mo. Yung contract mo kung notarized, mas madaling patunayan sa korte; otherwise, you have to prove the real agreement between you and the company by some other means.

[Wolf]

sir,

wala ng nakalagay na 2yr service requirement sa 2nd contract.

 

dapat pag ganitong mga contract naka notaryo ba?

kaya nga to sawa na yung second contract e. di ka na matatali sa two-year period.

 

pwedeng hindi na notarized yun. still valid between you and the employer.