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Do my case have a chance in NLRC?

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1 Do my case have a chance in NLRC? on Thu Mar 14, 2013 9:52 pm


Arresto Menor
Hi atty. I'm really thankful that I've found this forum. This is what happened to me. I worked in a call center and I signed a probationary employment contract. i struggled during the first month because my grandfather got hospitalized. I'm coming to work without any rest straight from the hospital because I can't afford to make an absence since I'm just a probationary employee. Going on to my 2nd month there, I already was the one getting sick that I have no choice but to be absent from work. Absences which I informed my superior about and presented medical certificates. I was absent from Jan 21-25, in between those days I came in to work though I'm still sick because I really don't want to be absent and though I was given 2-3 rest days by my dr so they had me sent home bec. they can't provide me with a fit to work notice. During that week, i was also completing the requirements that they asked me to submit or else my salary will be held. So i did. Except for my pag ibig no-loan statement because they put N/A (Not applicable) in it for my list of requirements. And to my surprise, on the day of pay out my salary was held. So I raised my concern to my superiors. I was fighting for it to be released all because of my sick grandfather that can't miss on any of his medications. On that same night, the hr manager called me regarding my concern. I insisted that it couldn't be my fault because had they not put N/A in there, u should've submitted it as well. But again to my surprise, rhe Hr mgr told me "you should be thankful about that. Yoy should be thankful that they put N/A in there. That actually saved you because that should've been for termination already." I almost cried bec. he made me feel stupid and uneducated that time. But I held composure bec I know that he'll insist his point. He said just submit that no loan statement then I'll have my salary after 8days. For me that's too long but I had no choice so nagkautang utang ako just to maintain my lolo's meducation plus bills that had to be paid. I again incurred absences on feb 3-5 bec. of sickness which I have med cert as well. Come feb.12 the same hr mgr called me after i timed in. To my biggest surprise, handling over to me my termination/non-regularization letter. And to add up to the humiliation, i'm being terminated in the pantry with all the other agents coming in there that i was being terminated. i filed for illegal dismissal in DOLE and i had the first hearing this feb. 28 but I almost got discouraged because the sena officer that facilitated us sided on the respondent which I didn't understand why. She said that It's not illegal dismissal bec i'm just a probationary employee, that the company has their every right to terminate me bec. sila magpapasweldo skn. I wasn't satisfied bec. i knew that I was terminated without due process. On the 2nd hearing, the respondent didn't show up so i agreed to have a 3rd and last hearing before deciding on moving the case to NLRC and also bec they will be giving me my last pay but I don't know how they come up with P1500 plus as my full and final pay. I still have unpaid salary of 6days before they teminated me. And the hr mgr actually said that what I'll be recieving is my unpaid salary plus 1 month salary plus pro rated 13th mo. pay. I didn't sign the quit claim bec and decided on going to NLRC. sorry for the long story atty, but I would like to know do ny case have a chance to prosper? Am i right that I was terminated without due process? And is being absent due to sickness a just cayse for termination? They also added low performance bec. I failed 2 quizzes which wasn't stated in my contract. What are the next steps after filing complaint to NLRC? Thank you so much for taking time to hear us out who needs legal advice.
Thank you and God bless.

Additional questions atty. What are the damages that i can complain for or I'm entitled for with my case? Thankyou

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