Food establishment denies termination of server for feeding strays

MANILA, Philippines — The local food establishment that allegedly fired a food server for feeding stray animals as seen in a viral video said that no termination or forced resignation happened.

The food server, Ian Vhal Sardia, previously told INQUIRER.net that he was forced to resign after being reprimanded for feeding stray animals. Sardia also said that he did not get any verbal warning or level of suspension before being called to their office to explain.

READ: Employee who went viral for feeding stray dogs, cats ‘fired from work’

In response to the article, Goto Tendon, the food establishment in the video, reached out to INQUIRER.net. Atty. Raymund Martelino, the lawyer of Goto Tendon, echoed the statement regarding the issue from Bestoptions, the manpower agency that handles Sardia.

In a statement, Bestoptions said that they allowed Sardia to explain his side about the company policies he violated.

“Binigyan namin siya ng pagkakataon na ipaliwanag ang kanyang side ukol sa kanyang paglabag sa iba’t-ibang company policies at sa discipline manual,” the statement said.

(We allowed him to explain his side regarding his violations of different company policies and the discipline manual.)

“Matapos nito, inalok namin siya ng pagkakataong ipagpatuloy ang kanyang trabaho sa ibang restaurant. Maayos po namin siyang kinausap. Sa huli, pinili po niya na magbitaw nang kusa,” the statement added.

(After this, we offered him a chance to continue his work in another restaurant. We talked to him properly. In the end, he decided to resign willingly.)

Sardia, in an interview with INQUIRER.net, said that he was asked to explain to the office what happened and said that he knew he was being terminated, a claim that Martelino denied.

Martelino added that Sardia’s violations included feeding animals outside the establishment during work hours. However, Sardia asserted that he only fed animals during break time or off-work hours.

The lawyer also said that despite verbal warnings, Sardia was no longer heeding his supervisor, who was aware of him feeding stray animals

“SOP [standard operating procedure] ng manpower agency na he was being reassigned to two, binigyan siya ng pagkakataon to transfer to two different assignments, he declined. Alam mo ang sabi niya, ayaw niyang palabasin na tinanggal siya,” Martelino told INQUIRER.net in an interview.

(The SOP of the manpower agency indicated he was being reassigned to two different assignments, and he was given the opportunity to transfer. However, he declined, saying that he did not want it to appear as though he was terminated.)

“He was not being terminated, never was he being terminated not by our client Goto Tendon and not the agency. Never was he terminated,” Martelino added.

Martelino also clarified that Sardia is not an employee of Goto Tendon, but of Bestoptions, the manpower agency, which aligns with Sardia’s statement that he is part of the agency, not the food establishment.

Furthermore, the lawyer also said that based on Sardia’s resignation letter, he wrote that he was resigning from his post as a food server in Goto Tendon.

“He was not terminated, especially illegally terminated. He’s not even resigned from the company right now kasi after this, September 26, nagsagot na siya. September 27 siya nagpost ng kanyang video, ‘yung viral video. ‘Di pa nagdedecide ang Bestoptions, ‘yung manpower agency, kung ano ang decision sa kanya,” Martelino noted.

(He’s not even resigned from the company right now because after this, on September 26, he responded. He posted his viral video on September 27. Bestoptions, the manpower agency, has not yet decided what action to take regarding his situation.)

“Pero mayroong transfer instructions so after that day, September 26, September 27, hindi na nagreport si Mr. Sardia sa manpower agency. Nag AWOL [absent without official leave] na siya. In fact, the agency tried to reach out to him, hindi na siya nagpakita, hindi na siya nagreport,” Martelino added.

(But there were transfer instructions, so after that day, September 26 and 27, Mr. Sardia did not report to the manpower agency. He went on AWOL. In fact, the agency tried to reach out to him, but he did not show up; he did not report.)

Previously, Sardia said that he was not allowed to leave the room when he went to the office to explain and that there was someone at the door to guard him. This claim was then countered by Martelino who said that Sardia was not held captive inside the room and was never coerced to do anything.

“‘Yung employer niya, yung manpower agency, hindi siya kinulong. Hindi siya pinilit, kinausap siya nang maayos. Binigyan siya ng assignment, hindi siya tineterminate. That’s why the statement of Bestoptions is like that,” Martelino pointed out.

(His employer, the manpower agency, did not hold him captive. He was not forced and they talked to him properly. He was given an assignment, and he was not terminated. That’s why the statement of Bestoptions is like that.)

The lawyer also said that Sardia’s statement about the HR officer being mad at him as he was explaining what happened was “malicious” and “self-serving.”

“That is very malicious, that is self-serving. That is designed to incite rage and sympathy from the netizens. Ginagamit niya na storya ito against Bestoptions. Ang tingin ng mga tao ay hindi si Bestoptions ang kanyang employer kasi nakauniform siya ng Goto Tendon kaya Goto Tendon ang tinatamaan. It’s unfair for Goto Tendon,” Martelino noted.

(That is very malicious, that is self-serving. That is designed to incite rage and sympathy from the netizens. He was using this story against Bestoptions. People think Bestoptions is not his employer because he was wearing a Goto Tendon uniform, which is why Goto Tendon is facing the backlash. It’s unfair for Goto Tendon.)

Martelino shared that Sardia filed a labor case, and a hearing was held last Friday.

“Hindi niya sinabi kung ano ang iyong gusto pero usually ‘pag naghearing sa labor, sasabihin mo yung iyong claim, ano yung gusto mo, gusto mo ba ng backwages, reinstatement, gusto mo ba linisin ang iyong pagkatao. During the meeting, I was informed that sinabi niya na siya ay ‘di pa decided kung ano ang gusto niya,” the lawyer expressed.

(He didn’t specify what he wanted, but typically, during a labor hearing, you would state your claim and what you are seeking, whether it’s back wages, reinstatement, or clearing your name. During the meeting, I was informed that he mentioned he had not yet decided what he wanted.)

In the previous interview with Sardia, the food server shared that he was the breadwinner of his family, and losing his job after five years was difficult as he was the one sustaining the medical expenses of his mother.

He also told INQUIRER.net that while he was still trying to cope with what happened, he was still not ready to look for another job despite receiving many offers from concerned citizens.

READ: SC ruling protects workers resigning due to workplace mistreatment – CHR