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Probationary Status - terminated immediately

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1 Probationary Status - terminated immediately on Fri Aug 01, 2014 12:17 pm

reyesb3


Arresto Menor
Hi, first time user here..

I'm working in a company here in Binondo, we recently terminated the services of our admin staff and he's been with us for around 4 months. The're are two reasons for his termination, one is because he failed the performance evaluation and the second one is because he committed a company policy regarding confidentiality (he shared some information about evaluation results and salary adjustments with an employee that does not have the right to know the said things).

Now, he filed a complaint in NLRC stating that he was illegally dismissed and he is asking that we pay him a large amount of money.

I'll be the one handling this and honestly, I have very little idea on the matter. I'm currently seeking help from your professional opinions regarding this.

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council


Reclusion Perpetua
reyesb3 wrote:Hi, first time user here..

I'm working in a company here in Binondo, we recently terminated the services of our admin staff and he's been with us for around 4 months. The're are two reasons for his termination, one is because he failed the performance evaluation and the second one is because he committed a company policy regarding confidentiality (he shared some information about evaluation results and salary adjustments with an employee that does not have the right to know the said things).

Now, he filed a complaint in NLRC stating that he was illegally dismissed and he is asking that we pay him a large amount of money.

I'll be the one handling this and honestly, I have very little idea on the matter. I'm currently seeking help from your professional opinions regarding this.

What proof do you have regarding the evaluation? Was it signed by the employee?

What does the termination letter say - is it because of the evaluation or the confidentiality issue?

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reyesb3


Arresto Menor
council wrote:
What proof do you have regarding the evaluation? Was it signed by the employee?

What does the termination letter say - is it because of the evaluation or the confidentiality issue?

We have proof of the evaluation and it was also discussed with him and he signed it.

it was both issues written in his termination letter, he also signed it when it was issued to him

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council


Reclusion Perpetua
No worries then - you will undergo conciliation first so see what he wants. But generally you should have no problem.

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reyesb3


Arresto Menor
council wrote:No worries then - you will undergo conciliation first so see what he wants. But generally you should have no problem.
Thank you for your time. I just like to ask more if you don't mind..

We already met once at NLRC in Banawe Q.C. and there, he asked that we pay him danos (50K) if not, he will pursue the filing of the case. I told him that the company is not open in such claims.

I just want to know, are we going to need a lawyer? or can the arbiter just dismiss the case for us? since we also think that we did not do anything wrong..

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council


Reclusion Perpetua
reyesb3 wrote:
council wrote:No worries then - you will undergo conciliation first so see what he wants. But generally you should have no problem.
Thank you for your time. I just like to ask more if you don't mind..

We already met once at NLRC in Banawe Q.C. and there, he asked that we pay him danos (50K) if not, he will pursue the filing of the case. I told him that the company is not open in such claims.

I just want to know, are we going to need a lawyer? or can the arbiter just dismiss the case for us? since we also think that we did not do anything wrong..

If the employee is not willing to get into an agreement, he will have to file a position paper. then you may need a lawyer to prepare your own position paper - or you can do it yourself.

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