pogingpogi2x Posted August 4, 2010 Share Posted August 4, 2010 Mga Sir need ko po ng advice, May gumawa ng facebook account, nagsaasbi at nagbibintang na corrupt daw sa office ang mga ilang manager. Then may gumawa ulit ng isa pang account at tinitira ng personal ang isang manager... Problem, ako ang pinagbibintangan ngayon at parang nagbabatan pa sya sa mga text messages. Mayron po ba akong magagawang legal o ayon sa batas laban sa pagbibintang at pagbabanta? Salamat po. Quote Link to comment
motionblade Posted August 4, 2010 Share Posted August 4, 2010 Yes, you may still sell the car considering you really need the money. If you haven't already done so, I suggest you take pictures of the damaged area/s before you sell the car, for future evidence in your case. The sale of your car will not affect the person's liability since her liability can still be proven even after the sale. Thank you very much Sir, truly appreciate it Quote Link to comment
ghetto_gospel Posted August 4, 2010 Share Posted August 4, 2010 Good afternoon sirs. one question, is it legal for a company to use a recorded conversation with a client as an example of, let's say, bad customer service or anything of that sort? Quote Link to comment
Pinoymale Posted August 4, 2010 Share Posted August 4, 2010 Good afternoon sirs. one question, is it legal for a company to use a recorded conversation with a client as an example of, let's say, bad customer service or anything of that sort? Are you referring to a situation where the company is using/playing a recorded conversation to prove to an employee that the employee provided bad customer service? Quote Link to comment
Pinoymale Posted August 4, 2010 Share Posted August 4, 2010 Mga Sir need ko po ng advice, May gumawa ng facebook account, nagsaasbi at nagbibintang na corrupt daw sa office ang mga ilang manager. Then may gumawa ulit ng isa pang account at tinitira ng personal ang isang manager... Problem, ako ang pinagbibintangan ngayon at parang nagbabatan pa sya sa mga text messages. Mayron po ba akong magagawang legal o ayon sa batas laban sa pagbibintang at pagbabanta? Salamat po. This could be a case of libel, provided you can prove the following elements: a. imputation of a discreditable act or condition to another; b. publication of the imputation; c. identity of the person defamed; and, d. existence of malice. A practical problem is identifying and proving who made the FB account. Quote Link to comment
sohryu Posted August 5, 2010 Share Posted August 5, 2010 LEGAL question great people! regarding my BPI credit card. BPI cancelled my card last december as i wasnt able to pay since sept. last year. i did however, made a payment on december. BPI cancelled my card without any kind of notice. i check mt balance through phone and then go to the bank to pay, still, nobody informed me of the cancellation. i just found out 2 weeks ago. after they cancelled my card, the intrest kept coming and now a collections lawyer is bugging me. i resumed payment last month btw. can i contest the current bill they want me to pay? any case i can file? Quote Link to comment
ghetto_gospel Posted August 5, 2010 Share Posted August 5, 2010 Are you referring to a situation where the company is using/playing a recorded conversation to prove to an employee that the employee provided bad customer service? let's say, they use that recording during training. they let trainees listen to that recording as an example of things that they shouldn't do..... Quote Link to comment
hottlipss Posted August 5, 2010 Share Posted August 5, 2010 Hi! Don't know if this belongs here but I really need someone's help. I need my birth certificate. I had my a aunt in P.I. check the NSO office and they don't have a record of my birth. I emailed the NSO and they have not responded. If I don't have a birth certificate, I can submit something from that county/municipality or anything official from that part of province stating why I am not in the NSO system. According to my mother, I was born in Concepcion Tarlac. I'd google them but I don't even know what to google under. Would they even have a computer system for me to email them in a provincial town like Concepcion Tarlac? Thanks in advance Quote Link to comment
pogingpogi2x Posted August 5, 2010 Share Posted August 5, 2010 This could be a case of libel, provided you can prove the following elements: a. imputation of a discreditable act or condition to another; b. publication of the imputation; c. identity of the person defamed; and, d. existence of malice. A practical problem is identifying and proving who made the FB account. Thanks bossing.... Gumawa ng joint agreement with signature na : We, _____ and ______, both of legal age and bonafide employees of ____________, after coming up with a common understanding jointly agree to : 1. Withdraw the cases filed against each other , filed with the Human Resource department of _______________,2. Will no longer participate in any investigation related to this matter,3. Will no longer pursue this case either in ___________or any civil or criminal court, Such agreement was jointly agreed by both parties after a series of dialogue and coming to the conclusion that the whole matter is a just a big misunderstanding and better left settled amicably between the parties involved. To attest to this matter, we are affixing our signature below:_________________ OK na po ba to maging legal basis? thanks ulit. Quote Link to comment
Pinoymale Posted August 6, 2010 Share Posted August 6, 2010 let's say, they use that recording during training. they let trainees listen to that recording as an example of things that they shouldn't do..... If the company informs the employee that client conversations may or will be recorded then it is legal since the employee is already aware of the recording. Recording client conversations is common nowadays, supposedly to ensure quality service. Quote Link to comment
ghetto_gospel Posted August 6, 2010 Share Posted August 6, 2010 If the company informs the employee that client conversations may or will be recorded then it is legal since the employee is already aware of the recording. Recording client conversations is common nowadays, supposedly to ensure quality service. i understand that phone recordings are already common nowadays. what im trying to say is that, what if that company uses that particular recording for training purposes as an example of bad customer service without the previous employee's consent? plus...the employee's name is included in that example.... Quote Link to comment
Pinoymale Posted August 6, 2010 Share Posted August 6, 2010 i understand that phone recordings are already common nowadays. what im trying to say is that, what if that company uses that particular recording for training purposes as an example of bad customer service without the previous employee's consent? plus...the employee's name is included in that example.... Hmm, assuming that the company somehow did not get the consent of the employee, I think it would still be legal for the company to use the recording for training purposes for the following reasons: 1. The employee was on company time when the conversation was made and recorded. 2. The conversation itself was part of the employee's duties and functions. 3. The conversation and its recording were made using company equipment, so they are company properties. 4. The recording will be used for a positive purpose - to train and help employees improve their skills - and not to harrass the recorded employee. Perhaps the employee can request that his/her identity be kept confidential and not be revealed when the recording is played since his/her identity isn't necessary for training purposes. Regarding consent, check the employee manual or other distributed documents to see if recording of client conversations is indicated. If so, this is sufficient to prove employee consent. Quote Link to comment
Pinoymale Posted August 6, 2010 Share Posted August 6, 2010 Thanks bossing.... Gumawa ng joint agreement with signature na : We, _____ and ______, both of legal age and bonafide employees of ____________, after coming up with a common understanding jointly agree to : 1. Withdraw the cases filed against each other , filed with the Human Resource department of _______________,2. Will no longer participate in any investigation related to this matter,3. Will no longer pursue this case either in ___________or any civil or criminal court, Such agreement was jointly agreed by both parties after a series of dialogue and coming to the conclusion that the whole matter is a just a big misunderstanding and better left settled amicably between the parties involved. To attest to this matter, we are affixing our signature below:_________________ OK na po ba to maging legal basis? thanks ulit. Anong connection ng FB account sa HR? Employee din ba ung gumawa ng FB account? Quote Link to comment
ghetto_gospel Posted August 7, 2010 Share Posted August 7, 2010 Hmm, assuming that the company somehow did not get the consent of the employee, I think it would still be legal for the company to use the recording for training purposes for the following reasons: 1. The employee was on company time when the conversation was made and recorded. 2. The conversation itself was part of the employee's duties and functions. 3. The conversation and its recording were made using company equipment, so they are company properties. 4. The recording will be used for a positive purpose - to train and help employees improve their skills - and not to harrass the recorded employee. Perhaps the employee can request that his/her identity be kept confidential and not be revealed when the recording is played since his/her identity isn't necessary for training purposes. Regarding consent, check the employee manual or other distributed documents to see if recording of client conversations is indicated. If so, this is sufficient to prove employee consent. what if the employee's identity wasn't kept confidential? Quote Link to comment
Pinoymale Posted August 7, 2010 Share Posted August 7, 2010 what if the employee's identity wasn't kept confidential? If playing the recording will cause embarrassment and humiliation to the employee, this could be grounds for damages but personally, I think it will be a very uphill fight. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.