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Illegal dismissal and right to Due process.

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1 Illegal dismissal and right to Due process. on Mon Nov 14, 2016 11:25 pm

Mobster80


Arresto Menor
Need some advice on this: Here's the scenario:

I'm a Sales supervisor sa isang call center. On November 10, 2016 around 7AM kinausap ako ng CEO namin. He wants a major change sa whole structure ng Sales dept. and told me i'm  not include anymore sa new structure. Ang pinalit sa akin ay isang QA rep which receives a monthly salary of 22K versus me na 40K/month. Nasa isip ko that time, he want to cut down cost. His main reason is that he can't find any position anymore for me sa company and that's it!!!! I ask for few days but he said NO as he wants it implemented by tomorrow na kaagad!

Before mg end shift namin around 9am we made an announcement of the major change and i made a speech to all Sales team and to my team, so officially jobless na ako. This means everybidy witness me telling them na wla na ako sa company. On the same day around 11AM, i talk to our HR manager and ask her if what our CEO has done can be for Redundancy case, sabi nya YES and because i've worked with the company for 1 yr and 7 months, nasa 80K daw mkukuha ko. So i told her to prepare the papers so that at least i can get my last pay before Christmas.

Today, November 14, i received a call from CEO and ask why are we asking for redundancy. The company daw cannot do redundancy to all employees! He even told me that i was terminated due to 2 failed evaluation. Yes i got two failed evaluation (KPI) but no written warnings we made prior to this event. I've been in this company for 19 months with KPI already implemented and they just started doing the KPI last September 2017.The KPI requires you to answer Areas for Improvement and signature. I told him that he did not told me about this during our meeting (failed evaluations) and no notices were given and no Due process. The 2 failed evaluation is stated in our contract.

Now after 10 minutes, he called me again and apologize for what happened and would want me to come 2PM tomorrow Nov. 15, 2016 because he will prepare a special something daw.

Now i'm afraid if i don't sign the agreement, my last pay, 13th month, etc... will be delayed.

Can i sign whatever agreement and later part file a case sa NLRC?
Do i have a strong case for Illegal dismissal?
Please tell me what's the best thing to do tomorrow.

Hope to get your speedy response on this matter.

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lukekyle


Reclusion Perpetua
yes pwede naman but it will weaken your case unless you have proof that they threatened to withhold 13th month and last pay if you dont sign the agreement. furthermore if the agreement entails that you continue to work for them in a different capacity you might be subject to pay damages if you don't fulfill your end. read carefully what they will offer you. if in doubt do not sign anything

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lukekyle


Reclusion Perpetua
not illegally dismissed but they did not follow the process. therefore if they insist on terminating you, you have a right to be compensated. usual award is back pay from day of termination to descision.

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Mobster80


Arresto Menor
Sir Luke, thanks for responding.

Addtl question:

1. Legal ba yung kinausap lng ako na wala na akong work due to new sales structure and 4 days after sabihan ka lng na i failed evaluation?

2. Ang KPI was base on sales performance, team attendance, QA score and rep must have a sale per day.
I passed the sales peeformance the rest;

Attendance was down due to sickness with valid med vert and our company doesnt have HMO. But still tag as absent sa KPI

QA Score, the company stop doing the. QA scoring bcoz they prefer giving us Supervisos a list of reps for sales coaching. The score they habe is 85% to all supervisors but passing is 90%.

Note: KPI was never implemented since day1 but i think due to gusto nila e terminate ako, plan na nila na ilaglag ako thru KPI. It was a verbal agreement again that KPI will never be used as a ground for termination of contract. Ang nasa contract is 2 failed evaluation hindi 2 failed KPI evaluation.

Ill wait for ur response again Sir Luke. GOD BLESS YOU

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lukekyle


Reclusion Perpetua
1. yes legal sya but again they did not follow procedure.
2. You always have the right to contrst their evaluation.
3. evaluation - kpi falls under this category

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Mobster80


Arresto Menor
Thanks po again for the time in explaining all legal matters.

I have an appointment with CEO later 2PM, ill read everything and check his offer.

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