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is dismissal without due process included with illegal dismissal?

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katrina88


Arresto Menor
Good day. Really need legal advice. I worked in a call center. I was terminated without any written notice. Though i was with the company as probationary employee for only 2mos. i believe that I deserve atleast a written notice prior to effectivity date of termination. Am i right po ba? And is humilation and what I and my family had to go through because Of my sudden termination be included as moral damage? I was told by a sena officer in DOLE during the 1st hearing that I was not illegally dismissed bec i'm just a probationary employee.

Their grounds for terminating me was my attendance. But my absences were due to sickness and I informed them accordingly and presented them with med certificates. They added low performance. Can they really terminate me ng walang written notice man lang bec of these? i'll be filing complaint to NLRC. May bearing po ba un complaint ko?

Thanks po. Really need answers asap. Thankyou

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katrina88


Arresto Menor
Pls answer po.. Really need advice.. Thankyou

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attyLLL


moderator
failure to abide by requirements of due process makes the employer liable for nominal damages, but whether the dismissal is truly illegal depends on the cause. your remedy is to file a complaint at nlrc, but the backpay might be limited up to the end of the 6 month probationary period


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katrina88


Arresto Menor
thankyou atty.. Follow up question lang po. What if their cause for my dismissal isn't stated in my contract? Because their insisting that it's a valid cause. And i'm confused since they're saying that it's for non-regularization. E hndi pa naman po tapos ung evaluation ng lahat ng trainees nung tinerminate ako.. Hndi po ba dapat tinapos muna un training process bago nila ako binigyan ng final evaluation. And to clarify lang po ulit atty.. Whether they have a valid cause, as long as they didn't follow the requiremnts of due process they're liable of damages? Thankyou atty..

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attyLLL


moderator
again, if you want to question your termination, the remedy is to file a complaint at nlrc


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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katrina88


Arresto Menor
Ok.. Thankyou atty..

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