Management prerogatives

Dear Atty. Shalie,

I work as an accountant in my current employment. I was allowed to work independently to practice my profession as an accountant, as part of our agreement.

In the five years that I have been working with them, the company had encountered difficulties financially, especially during the pandemic.

I admit that I have committed lapses and negligence in my work, considering the fact that I have become pre-occupied with my other clients and some other business endeavors that I have entered into, and my time has been somehow mismanaged, to the point that I already asked my employer to allow me to work from home, to save time traveling to and from the office.

Although, there was no explicit approval to my request, my employer did not also disapprove. However,  my colleague and I began having discord over the work arrangements we have at the office.

I believe that he has been trying to convince my employer to cancel my work privileges. While I have not received any notice or word from my employer, I would likely understand if my employer could validly cancel our previous agreement and take away my privileges, if they so decide.
Arthur

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Dear Arthur,

An employer has certain rights under the law, with regard to its operations. These are called management prerogatives, the inherent right of the employer to regulate, according to his own judgment and discretion, all aspects of employment, including hiring, work assignment, work methods, time, place and manner of work, supervision, transfer, discipline and dismissal of employees.

While you have prior agreement, as to your work hours or as to the nature of your engagement, including the right to practice your profession outside your employment, conditions may change, should your employer find that you have not been performing your work as expected of you.
The privileges that you may have previously enjoyed, may be validly withdrawn on reasonable cause, especially where the enjoyment of those privileges have been detrimental to your employer's business.

Even as the law protects employees' rights and welfare, it must also protect the rights of employers to exercise what are clearly management prerogatives.

In your case, if it is shown that you have been remiss in your work due to your enjoyment of those privileges, your employer definitely has every right to exercise its rights to implement work changes that may affect you, for operational exigencies.

The only requirement is that the same be in good faith.

Atty. Shalie Lazatin-Obinque