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Illegal Dismissal - 2nd meeting at NLRC - need advise on how to get a lawyer and write my position paper

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engr_ryan


Arresto Menor
Hi,

Quick summary of my case:

I'm a probationary employee at a BPO/IT company. On my 5th month I was handed a letter for termination by the head manager due to not meeting requirements for regularization. When I told them (head manager and delivery manager) I was not aware of all the accusations (ie. bad performances), I was told "hindi naman lahat ng bagay nakikita mo..." (there are somethings you are not aware of happening in the background...) and "hindi naman kayo na sasabihan ng client..." (you are not the ones that are corresponding with the client...). My delivery manager was unable to contradict anything as he's under the head manager. So to get out of the room and get it over with, I signed the termination letter and on the 6th month I was let go. I've requested with the company HR to provide me with emails and such that show that "I did not meet the requirements for regularization" but their response was the company has no legal obligation to provide these to me.

I filed a case for illegal dismissal at NLRC and the 2nd meeting just concluded a couple of days ago with a 3rd meeting where we both present position papers.

I have only a few documents HR has provided me:
1. The termination letter, where all the forged allegations are listed. (No, they did not give me a copy after I signed and they did not provide me any time to argue my case...again, the head manager just says "di lahat nakikita mo".)
2. My 3 month performance evaluation approved by my previous head manger (who resigned/retired/transferred), wherein I have an above average rating (Excellent/Above Average/Average/Poor rating system). (Which already contradicts the termination letter which says I performed poorly on almost all of my projects.)


For the record, not a single project I did was rejected by the clients but termination letter says most of my projects got rejected.


QUESTIONS:
1. I do not have money pouring out of me as I've still been looking for work since my termination, so can I get a lawyer to do a position paper for me and maybe pay him/her back once I win the case (sorry, too positive Razz still naive to think just because it is right and they forged everything that it will mean we will win)? Where can I get a decent lawyer (specializing in labor cases)? And approximately how much will it cost me?

2. Is there some sort of hearing where we could call witnesses to a stand and have them sworn to tell the truth? Because I'd love to have my entire team, my teamlead and my delivery lead to be sworn in. They can't say the truth otherwise because they are all  under the head manager, lest they want to have a performance review forged like mine and be dismissed like me.

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council


Reclusion Perpetua
engr_ryan wrote:
I have only a few documents HR has provided me:
1. The termination letter, where all the forged allegations are listed. (No, they did not give me a copy after I signed and they did not provide me any time to argue my case...again, the head manager just says "di lahat nakikita mo".)
2. My 3 month performance evaluation approved by my previous head manger (who resigned/retired/transferred), wherein I have an above average rating (Excellent/Above Average/Average/Poor rating system). (Which already contradicts the termination letter which says I performed poorly on almost all of my projects.)


For the record, not a single project I did was rejected by the clients but termination letter says most of my projects got rejected.


QUESTIONS:
1. I do not have money pouring out of me as I've still been looking for work since my termination, so can I get a lawyer to do a position paper for me and maybe pay him/her back once I win the case (sorry, too positive Razz still naive to think just because it is right and they forged everything that it will mean we will win)? Where can I get a decent lawyer (specializing in labor cases)? And approximately how much will it cost me?

2. Is there some sort of hearing where we could call witnesses to a stand and have them sworn to tell the truth? Because I'd love to have my entire team, my teamlead and my delivery lead to be sworn in. They can't say the truth otherwise because they are all  under the head manager, lest they want to have a performance review forged like mine and be dismissed like me.

1. It can cost you anywhere from 25-40% of the damages you claim, if you win.

2. No other hearing - everything is done via position paper.

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engr_ryan


Arresto Menor
Thanks council Smile Btw, any suggestions on where I could get in touch with some good lawyers? I'm not exactly sure where to start looking.

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engr_ryan


Arresto Menor
Anybody else who has suggestions as well on how to get in touch of a lawyer? Also what do I need to prepare or provide him/her for them to produce a position paper?

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council


Reclusion Perpetua
Google "law firm philippines" and you'll find the best ones to handle this. Of course you have to pay a lot too.

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engr_ryan


Arresto Menor
@council: Thank you for your reply...btw, when you mention "you have to pay a lot" do you mean they take a higher % of the damage claim or does it mean I have to pay them upfront with cash on top of the damage claim?

Again, I have to mention I am budgeting everything right now as I am jobless Smile

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