i'm working in this call center for almost 5 years now. regular employee since October 2008.
recently, i incurred unavoidable absences.
-first was in November 2012 due to family emergency.
-second was early January due to sickness.
-lastly,last week (for 3 days) due to sickness again.
just a brief history, in the first week of November i got transferred to a different dept because the previous department i was in closed (redundancy). they let me sign a paper (i don't have the copy, unfortunately) saying that i'm going to undergo training again (without losing my tenure) and that i should not be absent (during the training period nov2012-jan22 2013)unless i have valid reasons or medical certificates in case of illness. and in case i failed the training due to poor performance, they're going to transfer me to a different department.
when i went to the office to show my medical certificate to my trainer/immediate sup, she said they will have to transfer me to a different department because of my absences, which was ok with me as long as i still have a job.
but when i spoke with our Human resource, they said they're going to terminate me due to my absences. i told them that i have medcert and i called in sick everytime but the HR said it doesn't matter because I signed an agreement about attendance.
i questioned their decision (although they said it's not final yet) because i had co-employees who were absent for how many days and were not able to show medcerts and some didn't even call in sick but were transferred to different departments.
they said,"it's none of my business..."
tama ba yun?
and another thing, i "think" the trainer and the HR rep discriminated me because they think and the HR rep said to me that I have an attitude.
the HR rep didn't like me because i laughed when she said i can't speak to her because she's on her break (at the time when i was asking about my employment status). the laugh didn't mean anything but i apologized about my behavior. this was told to me by my co-employee who got transferred to the different department despite of his absences without valid reasons.
sabi nila malalaman ko sa friday kung iteterminate ako o ire-retain.
if they're gonna terminate me, illegal dismissal ba ito?
i think it's unfair kasi bakit yung iba hindi tinerminate kahit wala silang proof na may sakit sila (medcerts)?
take note, walang Incident report or Notice to Explain or due process. wala akong pinirmahan na written or final warning. walang hearing.
any legal help will be appreciated.