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termination of contract of a probitionary employee

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imaworriedmom


Arresto Menor
this is about my daughter. i want to seek advice whether we will win if ever we file a case against her company.
see details below:

1.) she was a seasonal employee from Nov. 16 to Dec.31, 2011. during her stay in the company her manager found her efficient and have potential, so her manager recommend her to have absorb by the company. Dec. 29, 2011 she was asked to go to their office to signed a new contract of 5 months in order to continue to April 13, 2012.

2.) since she showed a good performance, her manager recommends her again, now for her to be a probitionary employee. April 4, 2012 she passed a pre-screening exam (exam an employee has to undergo).

3.) April 23,2012 she signed a probitionary contract dated april 24 to october 20, 2012. The HRD personnel discussed to her that it is an opportunity rarely given to an under-grad employee so better not spoil it. Meaning, it is approved by their department regardless of their company policy that requires a college graduate employee in order to be probi and then made regular by the company.

4.) Last Sept. 17, 2012 their office instructed her manager to talk to her about her regularization status. Her manager, then, told her that as per instruction by the office she cannot continue to be a regular employee due to her educational background which is she is a college under-grad.

5.) Sept. 25, 2012 she received a NOTICE of Termination of Contract with HIRING DATE:April 24, 2012 and END OF EMPLOYMENT:Sept. 30,2012 thru a company messenger. With out description of expired contract. The reason is left blank.



Sorry for the long details. I just want to tell you all of it.

Pls tell me if we have a chance to win the case if ever.

Because as per the Operations Manager, they already consulted their company lawyer about this. And told them that there's nothing illegal done to my daughter.

thanking you in advance for helping us. May God bless you.

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attyLLL


moderator
in my opinion, she had security of tenure only until 20 oct 2012, she can seek for damages and she should at least receive her pay for 25 sep to 20 oct.

but for illegal termination, and after which the company could validly terminate her because she was not truly qualified for the position.

note this is just the opinion of 1 lawyer playing safe. it's a long shot, but it will not have any chance unless you file it.


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imaworriedmom


Arresto Menor
thanks for your reply.

one more question, they do have that policy... but they still hired my daughter as their probi employee,from the start they know about her educational background. then that's it? they still have all the right to terminate my daughter? passed the initial and final evaluation,she even got high grades. why is that like that?

all im really upset is that they shoudn't hire my daughter as probitionary employee...if this would happen at the end, and they should told her earlier not days before they will terminate her contract.

is it really hard to win the case?

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