Practice question
An employee receives wages and benefits during a lawful extension beyond the original thirty-day preventive suspension. After the hearing, the employer validly dismisses the employee. Must the employee reimburse those extension payments merely because dismissal followed?
- Yes, all payments become loans
- Yes, unless the employee wins a criminal acquittal
- Only if the employee had more than one year of service
- No; the rule expressly says the employee is not bound to reimburse them in that situation
- Yes, because preventive suspension is always a penalty
Legal references
- https://lawphil.net/judjuris/juri2021/nov2021/gr_227718_2021.html — Lagamayo v. Cullinan Group, Inc., G.R. 227718, November 11, 2021, main decision: Omnibus Rules, Rule XXIII, sections 8–9; thirty-day limit, reinstatement, paid extension and no reimbursement.
- https://lawphil.net/judjuris/juri2020/feb2020/gr_225100_2020.html — Every Nation Language Institute v. Dela Cruz, G.R. 225100, February 19, 2020, main decision: preventive suspension is protective, not a penalty; justified initial suspension.
- https://lawphil.net/judjuris/juri2017/jan2017/gr_207838_2017.html — Maula v. Ximex Delivery Express, Inc., G.R. 207838, January 25, 2017, main decision: serious and imminent threat required.
Answer this question in flashcards to review your response and continue practicing.