https://www.reddit.com/r/phcareers/comments/1i6ulua/unjust_suspension_and_bonus_denial/
created by One_Slide_7049 on 21/01/2025 at 21:59 UTC
96 upvotes, 23 top-level comments (showing 23)
Please I need your advice. My company credited my salary on 12/24 but mistakenly overpaid me 2k due to an error on their end. They requested that I return the overpayment immediately on that same day. However, I was on approved leave at the time and couldn’t check my work email unless I opened my work laptop, but I was on vacation.
The following day, 12/25, the office was closed for the holiday. In the first week of January, they issued me a Notice to Explain which I do not agree with because I didn’t violate any policies. In my explanation, I clarified everything and even requested that they either retrieve the funds themselves from my payroll account or deduct the overpayment from my next payroll.
Despite this, they issued me a suspension-in-place (instead of dismissal daw (!)) and are now denying me my 5-digit bonus for this coming cut off claiming I’M GUILTY. What’s worse, they never even responded to my explanation or acknowledged my proposal to resolve it.
What can I do about this legally? Should I report this to DOLE? What happens if this affects my employment further? Any advice would be greatly appreciated. Salamat po.
PS. They did it to other employees too so this is not a single case.
Comment by AdWhole4544 at 22/01/2025 at 02:44 UTC
115 upvotes, 1 direct replies
Yes file with DOLE for illegal suspension. May grounds for suspension and napaka babaw nung di pagbalik ng money when in fact tama ung options na sinabi mo. Nangyari na sakin yan na sobra ng nabigay sakin and no brainer na they can simply adjust ung salary mo for next cut off.
Comment by laaleeliilooluu at 22/01/2025 at 04:15 UTC
45 upvotes, 1 direct replies
100% DOLE matters. Be prepared to lose the job tho. Magiging hostile work environment na for sure after DOLE.
Comment by tinigang-na-baboy at 22/01/2025 at 03:26 UTC
22 upvotes, 1 direct replies
Reach out to DOLE via SENA, but expect to have a target on your back once the company gets notified of your complaint. Kung ganyan sila mag handle ng mali nila, expect them to retaliate. If I were in your shoes I'll be updating my resume right now and start submitting applications right after submitting a SENA.
Comment by One_Slide_7049 at 21/01/2025 at 22:14 UTC
13 upvotes, 2 direct replies
I forgot to add that din po that this is not the first time na pumalpak sila sa payroll namin; it happens— every single cut off! Just last few months ago, I also had an escalated issue about the incomplete crediting of my salary for consecutive cut-offs and all they said was “we apologize” (!). Grabeng stress even my colleagues inis na inis na rin sa pagiging incompetent nila na hindi kami makapagtrabaho nang maayos.
Comment by [deleted] at 22/01/2025 at 05:56 UTC
13 upvotes, 0 direct replies
Stay calm and composed. Your suspension must follow due process; if it wasn’t followed, the suspension is unjust. Bonuses cannot be unfairly withheld if they are part of your contract or regularly given, as this may be a violation.
If your suspension is pursued, file a complaint through SENA while maintaining your composure, as this will reflect well on you. Keep all relevant documents, such as emails, notices, and your explanation letter, as evidence. Highlight that the overpayment was their mistake and that you proposed fair solutions, like payroll deductions.
If the worst happens and you are terminated, you can file an illegal dismissal case with DOLE to claim back wages, reinstatement, or damages. This situation is unlikely to affect your future employment, as most companies understand these circumstances. Be honest if asked about it. Act swiftly and confidently. Good luck!
Comment by yeeboixD at 22/01/2025 at 08:14 UTC
7 upvotes, 0 direct replies
Dole yan easy money ka dyan di lang 2k mawawala sa kanila
Comment by slickdevil04 at 22/01/2025 at 05:33 UTC
8 upvotes, 0 direct replies
If you know other employees who were victims of this, you can try to file a class action case with DOLE so you won't be singled out. Check also your code of conduct if there's any guidelines for retaliation.
Comment by kunding24 at 22/01/2025 at 13:43 UTC
6 upvotes, 1 direct replies
It was their stupid mistake so why are you the one to suffer?
Comment by Ilsidur-model at 22/01/2025 at 09:51 UTC
4 upvotes, 0 direct replies
Galawan nila yn at aware cla n hindi k agad mkkcmply. Pra may dahilan cla pra hindi k entitled magkabonus.
Comment by ishienana at 22/01/2025 at 14:15 UTC
3 upvotes, 1 direct replies
write an appeal letter addressed to the HR head regarding the suspension sanction and justify your reasons kung bakit sa tingin mo hindi ka dapat napatungan ng parusa. in that way they'll be able to re-evaluate your case.
Comment by chimchimimi at 22/01/2025 at 21:57 UTC
3 upvotes, 0 direct replies
Don't just send a letter, dapat affidavit na with signature of attorney
Comment by Baconturtles18 at 23/01/2025 at 00:05 UTC
2 upvotes, 0 direct replies
Dole na yan. Babait yang mga yan bigla
Comment by Confident-Unit1977 at 23/01/2025 at 01:59 UTC
2 upvotes, 0 direct replies
well OP, the majority have spoken and I seconded all their opinions which approach DOLE about it. If may mga emails na relating to this issue, send mo sa personal email para may backup ka. para sa 2k na overpayment eh ganyan na sila, they should've issued the NTE to themselves sa katangahan at kabobohan nila!
update mo nlng cv mo OP, madugong labanan to eh. and lastly, DON'T BE GUILTY. nag provide ka ng options para sa kanila yet they are not willing to comply. napaka simple lang naman ng pag deduct sa next sahod mo nung overpayment.
Comment by legit-introvert at 23/01/2025 at 02:15 UTC
2 upvotes, 0 direct replies
DOLE. Malakas laban mo
Comment by DocTurnedStripper at 23/01/2025 at 03:02 UTC
2 upvotes, 0 direct replies
Yes report to DOLE but I hope you documented yun explanation mo. Thats what an NTE is for. A chance to explain your side. Lahat dapat sa email, no calls. Para di kap de baliktarin.
Comment by SweetPotato2489 at 23/01/2025 at 04:10 UTC
2 upvotes, 0 direct replies
gather all the evidence.. then file a complaint to DOLE.. di mo naman kasalanan na overpaid yung last payroll mo e. ang payroll ang may mali jan..
Comment by PROD-Clone at 24/01/2025 at 05:33 UTC
2 upvotes, 0 direct replies
DOLE then update resume then Open to Work sa linkedin. Congrats OP pag successful yang DOLE mo baka may damages kapang maclaim aside sa bonus
Comment by proanthocyanidin at 23/01/2025 at 00:21 UTC
1 upvotes, 0 direct replies
Umalis ka na diyan
Comment by AmberTiu at 23/01/2025 at 06:29 UTC
1 upvotes, 0 direct replies
The people in HR will be in deep waters if you filed sa DOLE. It was their fault. It’s so easy to just deduct it next time and consider it as Cash Advance. Lagot sila sa may ari. Kung kaya mong magfile, go ahead para mga HR magsalo
Comment by jovhenni19 at 23/01/2025 at 11:33 UTC
1 upvotes, 0 direct replies
file mo lang.
sa company namin deduction of equal amount lang. is that too hard to do? sobra ng bayad ehdi bawas sa next. parang advancement lang
Comment by One_Slide_7049 at 24/01/2025 at 01:49 UTC
1 upvotes, 0 direct replies
Update: I tried to message one of them and sabi, ang point daw is bakit hindi binalik if aware kami na ang nareceive namin is higher than we expected, to which I responded I am not aware.
Will it backfire on me if they ask me why I didn’t check my payslip, compared it to the amount I received, and sent the overpayment?
Comment by Cancer071714 at 25/01/2025 at 14:25 UTC
1 upvotes, 0 direct replies
Punta ka sa Dole pre. Takot sa Dole kupal na employer na mga yan.
Comment by MrDinosaurSnap at 26/01/2025 at 20:49 UTC
0 upvotes, 0 direct replies
May karapatan ang employer mo jan, the fact na hindi mo agad binalik nung nalaman mo na may overpayment, sapat ng basehan yun. Nung oras na malaman mo na sobra bayad, obligado kana agad ibalik yun. Wala ka sa lugar para bigyan sila ng options.
ARTICLE 2154. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.
Bukod don, may karapatan din ang employer mo suspendehin ka habang ineembistigahan yung kaso, part yan ng management prerogative.