Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Performance Improvement Plan leading to Constructive Dismissal? - I need advise

View previous topic View next topic Go down  Message [Page 1 of 1]

mlespinas


Arresto Menor
Hi Everyone!

I really need your help please..I would like to seek for an advise.

I am currently working in a BPO company as a regular employee. Verbally, I was hired as an Admin Assistant to work with Vendor Management systems and help the admin and operations of an American Client.

In my contract, my title is Technical Recruiter with a job description of admin task and assisting the Recruitment team in the systems, no metrics.

I don't have metrics and KPIs.

On my 3rd month of my 6 probation period, I asked the HR regarding my evaluation and they didn't respond.

I have reached the end of my probationary and I didn't heard anything from our HR; and up to now, I'm still working and has already reached my anniversary at work last Feb 18, 2014.


Last Friday, 2/28, our HR manager waited for me to serve a Performance Improvement Plan which only covers 1 mo, March 1 (Sat) to March 31st.

In the memo that our HR gave to me to sign, doesn't reflect any intervention plan. It was just stated that i am expected to improve in 1 month, where in I never know where I was being measured. I believe it was designed for me to fail the PIP.

My Senior colleague, whom they talked to prior to serving me the PIP memo, told me that even if I perform, eventually they will going to kick me out the company because my rate is too high and that the company told him the its a "Business Decision". In the conversation I had with our HR, her tongue slipped and said PIP is being served because my hiring rate is too high, and I have this audio recorded.

On Monday, March 3, 2014 our HR said that I need to sign the PIP Memo on Monday. Can I refuse not to accept it?

What are my options? I believe they are violating something against my rights as an employee. Is there a case I can file against the company and to protect my right? What is it and what are my chances in winning a case?

I can tell they will terminate me, because a month ago, they asked me to author a process manual of all the systems I'm working and all the process of what I'm doing, because I'm the only person who knows my job..

I've been a contribution to their Client and I have improved their processes. I performed a dual role and I know I really am dong my job. I even received and performance incentive bonus just this January 2014 from the client.

I also never signed or acknowledge any evaluation form done to me for my 6th mos and anniversary.

I've been working for over 8 years for various organizations already and I have never been questioned on my performance, so im really upset and I feel i am being violated by my current employer.


I really need your advise please...

Greatly appreciate any help you can provide me.

View user profile

Patok


Reclusion Perpetua
the company doesn't want you anymore.. even if you file a case.. wala ka pa 1 year.. so kahit manalo ka 1 month salary lang yang pwede mong makuha.. maabala ka pa..

i suggest you just look for another job and move on.

View user profile

mlespinas


Arresto Menor
yes i know they no longer want me. i have started looking for work. takot lang ako mawalan ng trabho without a fallback, or di ko lang din nakinitang mangyayari to sakin. My salary is worth the abala kung manalo man ako, but i guess its the pride thats pushing me and wanting to file a case?!mixed emotions.. im still upset about it..

but yes, you're right, move on.

thank you for the advise. appreciate it!

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum