Law & Order

Officially Published: 4/20/8
Reply to HR Manager

I am being accused of violation of company code of conduct particularly on the distribution of any written material within the company premises which is derogatory or detrimental to the interests of the company. This is for the reason that an e-mail from me that I have sent to my co-employees on February 27, 2008 was read by employees particularly of Finance and Accounting. There are claims that this resulted to low moral, distraction, conflict, disturbance and tension in a working environment.

I will be explaining how I can not be charged with the violation of the code of conduct and dwell on the ethics, morality and validity of this case as well.

Did I distribute an e-mail to co-employees on February 27, 2008?

NO. I ADDRESSED an e-mail to co-employees on February 27, 2008. The e-mail was sent to a selected number of co-employees within my circle of trust and full confidence that it is well-understood and with positive reactions. They approved of the results of the e-mail (initially a request for meeting with Accounting by my immediate superiors) because it will be for the improvement and general interest of the company.

For brief backgrounder, the e-mail was part of a formal complaint I have filed to my superiors – Lauro Agbisit and Virgilio Lascuna- information that all recipients are well-aware of.

Then who distributed it to Finance and Accounting?

NOT ME. The recipients of my e-mail were people within my circle of trust. Thus, if any of them sent the e-mail to other persons – I will take the responsibility since it was of my judgment that they have been chosen as recipient.

However, just last Thursday it came to my knowledge that the e-mail was forcibly sent by Rue Reginaldo to himself despite refusal of Abby Macapugay – the owner of the e-mail account. He is the source of the e-mail that circulated in the Finance and Accounting team and in a month and a quarter, reached their department head.

This is nothing short of stealing. It is nothing short of invasion of privacy. I am grossly disappointed that such action was not even disclosed to me and has to do an investigation by myself.

WHY AM I BEING CHARGED WITH VIOLATION WHEN I HAVE OBSERVED CORRECT JUDGEMENT? I have complaints against Finance and Accounting. I filed formal complaints to my superiors. I sent a partial copy to people who also have complaints and were glad that a meeting with Accounting is being arranged.

Is it my fault that an employee decides to steal and does not know what to do with a piece of e-mail? Is it my fault that he decided to send it out to other members of Finance and Accounting and took more than a month before it reached their department head - and who decided to confront me and verbally assault me instead of complaining through my immediate superiors which is the standard procedure?

Are there low moral, distraction, conflict, disturbance and tension in a working environment now?

Finance and Accounting morale is not low. It is a very difficult claim to prove as well. The most intelligent guess is that they are furious.

If there is any morale that is low and would be easier to prove - it would me MY morale. I was the one who have the complaints, placed it to my superiors, sent it through company e-mail. An e-mail was stolen, distributed to FA department. Later, I was verbally assaulted by the department manager and then I receive a memo for disciplinary action.

I was not even protected by the e-mail disclaimer that states:

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual to which it is addressed. If you are not the intended recipient of this message, you are hereby notified that any use, dissemination, distribution or reproduction of this message is prohibited. ….. Any views expressed by any individual in this e-mail do not necessarily reflect the views of NEH Philippines.

If there is anything true with the disclaimer, it would be the last line. …. do not necessarily reflect the views of NEH Philippines. And it is very disappointing to note that this actually refers to the disclaimer’s contents itself.

The e-mail in the hands of Finance and Accounting is a stolen good and is considered inadmissible evidence. Yet, here I am – an accused.

No company code of conduct is over and above the Philippine law. No evidence obtained through unlawful means will be used to condemn any citizen. If it would be any use reminding - I am a citizen first before I am an employee.

This case should be dismissed. And I want no less than the reinstatement of my unblemished and commendable employment record - the memo for disciplinary action should be removed from my 201 file.

Yes. There is conflict and tension in the working environment now. FA department (and Logistics department, as well) is disturbed and distracted towards improvement of the system making sure that blame in the future would be laid down not on their feet but elsewhere - detrimental and derogatory to people as persons –not at all a venue for making friends - but to the best interest of the company.

There are so many issues on this case. NEH represented by HRDA turned the wrong way I guess - looked my way to be exact. There is the issue of the complaint itself, the stealing of e-mail and invasion of privacy, the admission of a stolen e-mail as evidence, the verbal assault - I want answers myself. How did it happen that they became the victims, and I am in the other side of the coin?

I did not distribute the email. Creation or Production is way too different from Distribution. These are two very simple words that we should not be taking any difficulty in defining. The e-mail itself did not make employees with low-morale but furious ones in the FA department. It distracted and disturbed employees towards a better system that is in the best interest of the company.

What I learned from all of this?

Disclosure that exposes your superiors to embarrassment entails personal risk. Should you be identified as the source, the price could be considerable, including prosecution and possibly even loss of career. Daniel Ellsberg – the original author of these words - is correct. And this is my first-hand experience how difficult it is to countenance such costs.

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