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Illegal Dismissal/Termination

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1 Illegal Dismissal/Termination on Sun May 01, 2011 6:57 pm

darkdeathscythe01


Arresto Menor
Hi good afternoon po:

I just need some advice regarding what happened to me, Employee po ako ng isang callcenter company, I have been working there for almost 4 years na tapos just recently eh may naging issue po sa account namin, parati po nakakareceive ng short calls di lang po ako pati po halos lahat ng agents don tapos kamalas malasan eh ako po yung nakahunan ng sample calls ng client at bigla nila akong binigyan ng corrective action kasi po sa grounds ng call avoidance which leads to termination. Binigyan po nila ako ng explanation na sabi sa akin ng immediate supervisor ko na to do it within 24 hrs, ginawa ko naman po kasi alam kong di ko naman ginawa yun so ayun naghintay po ako ng hearing with HR, then hearing came, nag agree ako na i voice recorder kasi kampante ako na wala nga akong kasalanan tapos sabi sa akin ng HR na aware ba ako na pwede kong isubmit yung explanation ko within 5 days at pwedeng magdala ng witness dahil sa gravity ng offence, I told them na hindi ko alam at ok lang na sagutan yung explanation within 24 hrs kc alam ko wala akong kasalanan. To cut the story short, they still terminated me even if I had explained my side, pinagpipilitan nila yung one call id na nandon sa reklamo na pinaka basis nila na meron daw narinig na noise sa background at paano ko daw ieexplain yun, ang sabi ko ay di ko alam at as I said di ko nga ginawa yun sa tagal ko bang empleyado eh sisirain ko ba yung credibilidad ko at pangalan para lang sa ganon and ang daming kasong ganon pero yung iba pinalusot nila kahit na may physical witness pa eh ako wala naman, binase lang nila sa recording at ID. I refused to sign the termination paper at sabi ng HR na magsulat na lang ako ng grievance letter sa director namin if they will give me another chance kc mahirap mawalan ng work at matagal na din ako sa company na yun. Ang masakit pa non eh sinasabi ko na sa Operations manager namin non na magreresign na lang ako para at least may makuha man lang ako pero he refused sabi maghintay na lang ng outcome pero eto nga yung nangyare, worst pa eh sa tagal ko ng nagwowork don eh di nila ako pinapirma ng contract although ilang beses ko ng pina follow up yun. I just need an advice na tama po bang hintayin ko yung result nung grievance letter ko or magfile na po ako ng report sa NLRC? at kung mag fifile man eh may laban po ba ako? I hope you can enlighten me kasi po medyo depressed po ako sa nangyayari sa akin, I felt that it was unfair on my end. Thanks po and more power. Sad

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2 Re: Illegal Dismissal/Termination on Sun May 01, 2011 8:41 pm

attyLLL


moderator
you certainly have a right to question the basis for termination by filing a complaint at the nlrc.

unfortunately, this will also mean that the company will hold your last pay and clearance docs so it may be difficult for you to find a new job while the case is pending.

it appears that the basis for your termination is serious misconduct. to my mind, one incidence of call avoidance, even if true, should not be basis for termination.


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3 Re: Illegal Dismissal/Termination on Sun May 01, 2011 9:07 pm

darkdeathscythe01


Arresto Menor
Yun nga po yung problem, terminated daw po ako meaning wala daw po akong makukuha na kahit ano plus ang masakit pa eh record pa yun sa name ko. Hindi nga nila ako binigyan ng option katulad nung iba na pinag resign na lang para may makuha, I felt singled out kasi may issue naman at maraming nakaranas non. Ni hindi mana lang po ako pinayagan mag resign man lang for a graceful exit ika nga. Magfifile na po ba ako or hintayin ko pa po yung letter of grievance na pinagawa sa akin ng hr para ipasa sa director namin for reconsideration daw? And if mag file po ba ako may laban po ba ako? Kasi yung iniisip ko po eh 24 hrs lang ang binigay sa akin immediate supervisor ko na dapat pala 5 days, 2nd eh di po sinabi sa akin na pwedeng magdala ng witness kaya feeling ko nacorner ako non kasi po puro heads po ng account ang nandon, 3rd yung contract ko po na di nila mapakita para mapirmahan ko since day one na pagtratrabaho ko po don. Ano po yung pwede nyo pong i advice na sa akin po? Sorry po kasi malapit na po ako sa state of depression kasi napaka emotional ng ginawa ng sa aking procedure. Thanks po. Sad

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4 Re: Illegal Dismissal/Termination on Sun May 01, 2011 10:20 pm

attyLLL


moderator
i would not rely on this grievance letter. besides you can withdraw the case if they grant your grievance.

the issues of 5 days, contract and witness are not the most important. the question is whether there was substantial evidence to show that you dropped a call and whether one incident is sufficient to terminate you.

when you file a case, there will be a mediation process where you can settle with the company. if none, then you will have to file a position paper.

filing a complaint is the solution, but don't get your hopes up too much or you'll be immediately disappointed with the slow pace of our justice system.

one of my advocacies is to to assist bpo employees when the time comes to file position papers.


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5 Re: Illegal Dismissal/Termination on Sun May 01, 2011 10:29 pm

darkdeathscythe01


Arresto Menor
Ah ok, thanks po! Smile Im a bit ok na, thank you for the advice, It really helps alot and regard po sa position paper just in case, can I ask po for your assistance since that it's your advocacy to help employees like us that doesn't have a security even if we had been tenure or not. Thanks po ulit. Update ko po kayo on what will happen, btw I can still apply for a job po kahit may pending case kahit medyo mahirap po, right? Crying or Very sad

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6 Re: Illegal Dismissal/Termination on Mon May 02, 2011 4:57 am

telai17


Arresto Menor
Hi, this may be a bit too late but anyway.

I'm a Quality Analyst sa isang call center company din. First, you have to remember kung ano ang policy nyo with call avoidance? Sa min kasi eh Zero-Tolerance Policy if proven guilty, which means termination talaga yun.The hearing/ admin conference will be judged by HR and business partners.

Pero sa case, unfair talaga ang nangyari as first of all, you were mis-informed ng mga proper procedures. I suggest na kumonsulta ka rin sa mga business partners ng account nyo, as most of the time, sila ang mas makakatulong, unlike HR na sa dami ng reklamong nakukuha eh ino-overlook ang kaso mo.

Good luck sayo

Smile Smile

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7 Re: Illegal Dismissal/Termination on Mon May 02, 2011 7:15 am

darkdeathscythe01


Arresto Menor
Ah ok, wala po kami nun, yung clients po ba yung tinutukoy nyo? Sorry po not a bit familiar with that.

Yun nga po ang problema, zero tolerance pero yung iba na acquit kahit inamin nila at nakakita, ang plead kasi nila eh wala daw emotional support sa management due to some factors which is from my end is too unfair kasi ako technical issue yung akin tapos ganon agad, they let me take calls almost 3 weeks after that said hearing na on that time its to emotional and mind torture kasi iniisip ko po yung mangyayari sa akin then last friday ayun na. Sad Di ko pinirmahan kasi parang sobra nila akong kinawawa sa ginawa nila para pinaasa ka na everything will be alright tapos ganon yung gagawin sa iyo.

Thanks po for the advice din Sad

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8 Re: Illegal Dismissal/Termination on Wed May 04, 2011 10:26 pm

darkdeathscythe01


Arresto Menor
Just an update lang po, may rumors po na nakarating po sa akin in regards to my termination, ang sabi po sa akin eh planned daw po na iterminate daw talaga ako kasi nasa list daw po ako ng client for termination in grounds an ayaw na sa akin or something, if that is true po and if there will be a witness, is it legal and fair for an employee porke di ka na gusto ng client kaya ka siningle out para materminate? I need some advise po. Thanks Crying or Very sad

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9 Re: Illegal Dismissal/Termination on Wed May 04, 2011 11:28 pm

shekinah12


Arresto Menor
Hi po. im currently working as a supervisor for a well-known call center. recently, i was given a notice to explain by our hr kase may nag-escalate daw sakin for not going back to my scheduled training. ang totoo ay bumalik po ako pero i have exceeded the 1 hour lunch. so they say that i might have violated our code of discipline for abandoning my work post etc and possible sanction is termination. i know that i am not the only person na may violation because when the incident happened, i was with the trainer along with other colleagues. the issue now is, ung trainer walang case sa hr pero ako meron and i find it so unfair. is it possible na mailaban ko po ito? will it make sense at all? thank you.

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10 Re: Illegal Dismissal/Termination on Thu May 05, 2011 12:58 am

Hi Skerinah

Termination for alleged over lunch is too harsh a punishment. I suggest you circumspect your code of conduct and check the sanctions imposed.

Atty. Lawddesign

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11 Re: Illegal Dismissal/Termination on Thu May 05, 2011 5:04 am

shekinah12


Arresto Menor
lawddesign wrote:Hi Skerinah

Termination for alleged over lunch is too harsh a punishment. I suggest you circumspect your code of conduct and check the sanctions imposed.

Atty. Lawddesign

Hi po,

Yes it was over lunch for i think more than 3 hours and i did admit it to them. according to the nte that they issued, here are the grave probable violations:

1. serious misconduct or willful disobedience by an employee of lawful instructions from his or her superior.

2. any acts of fraud or willful breach by the employee of the trust reposed in him by management or by its duly authorized representative. (i did question our hr about this, bakit po kako me fraud. sabi nila kase my superior thought that i was on training and i didnt let him know na aalis ako for a longer period of time)

3. commission of any act of dishonesty or fraud, or any act that breaches the trust and confidence conferred by the company. (with this i can say that i am not guilty because i did admit my mistake when i was questioned)

4. committing other acts or omissions similar or analogous to any of the above enumerations not embraced by the foregoing provisions etc..

sir,

this is my first time na ma-alleged sa ganitong kaso po and i do not know how to give my response pag naghearing. can you please help me draft a rebuttal with these allegations on a legal manner? i would really appreciate ur help. thanks.

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12 Re: Illegal Dismissal/Termination on Thu May 05, 2011 11:14 am

If you will be terminated and the cause will be abandonment; the same is unlawful.

The Supreme Court ruled that:

"For abandonment to exist, it is essential (a) that the employee must have failed to report for work or must have been absent without valid or justifiable reason; and (b) that there must have been a clear intention to sever the employer-employee relationship manifested by some overt acts.29 The employer has the burden of proof to show the employee's deliberate and unjustified refusal to resume his employment without any intention of returning. Mere absence is not sufficient. There must be an unequivocal intent on the part of the employee to discontinue his employment." (G.R. No. 182070 February 16, 2011, E.G & I. CONSTRUCTION CORPORATION and EDSEL GALEOS, Petitioners,vs.ANANIAS P. SATO, NILO BERDIN, ROMEO M. LACIDA, JR., and HEIRS OF ANECITO S. PARANTAR, SR., namely: YVONNE, KIMBERLY MAE, MARYKRIS, ANECITO, JR., and JOHN BRYAN, all surnamed PARANTAR, Respondents.)

Take note that mere absence is not sufficient to justify abandonment. There must be an intention to sever the employer-employeee relationship.

At any rate, is this your first time you committed the offense? Please take note that the law specifically proves that for an offense to be a valid cause for termination,the same should be serious and willful.

If you can prove them that your overlunch was not intentional but a mere lapse of judgment, then you should not be sanctioned for termination.

It is too harsh a punishment since termination is the outright sanction. Kindly check whether there are stages of sanctions under your labor policy e.g. first warning, suspension etc. before the actual termination.

Atty. Lawddesign

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13 Re: Illegal Dismissal/Termination on Thu May 05, 2011 11:15 am

i overlooked that this is your first time so i believe that if ever you will be sanctioned, it should be termination but mere warning or suspension.

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14 Re: Illegal Dismissal/Termination on Thu May 05, 2011 11:16 am

i mean it should NOT BE termination. sorry for the lapse in the syntax

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15 Re: Illegal Dismissal/Termination on Thu May 05, 2011 3:03 pm

shekinah12


Arresto Menor
hi atty. lawddesign,

sobrang helpful po ng information na 'to sir. if you don't mind, yung quoted supreme court law...when was it issued po and where? i wanted to have a solid understanding of what i am fighting for because i am the breadwinner of my family. thanks as usual.

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16 Re: Illegal Dismissal/Termination on Thu May 05, 2011 3:07 pm

kindly read my previous message the date is indicated there.

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17 Re: Illegal Dismissal/Termination on Fri May 06, 2011 9:38 am

attyLLL


moderator
darkdeath, those rumors are not important. your first step is to file your complaint at nlrc.

shekinah, i agree that termination would be too harsh, but 3 hours is a long time especially if you were timed-in. see what your employee handbook says about this.


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18 Re: Illegal Dismissal/Termination on Fri May 06, 2011 11:36 pm

darkdeathscythe01


Arresto Menor
So Sir or Atty, it's best for to file a complaint na? Paano po ba procedure non? Thank you po

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19 Re: Illegal Dismissal/Termination on Sat May 07, 2011 6:14 pm

attyLLL


moderator
if you really intend to contest your termination, i suggest that you do so. i doubt they will reconsider, and if they do, you can withdraw the case.


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20 Re: Illegal Dismissal/Termination on Sun May 08, 2011 5:55 pm

darkdeathscythe01


Arresto Menor
So Sir or Atty, better to file at NLRC and wait for the company's reconsideration? Then push through with the case if the company didn't reconsider my status?. Sorry if Im asking a lot of questions, this is the 1st time that this thing happened to me. Although alot of people are saying to file a case because there is really an evidence that the managements ruling towards me was unfair. Im just worried about my chances if I filed the case. Crying or Very sad

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21 Re: Illegal Dismissal/Termination on Sun May 08, 2011 6:07 pm

attyLLL


moderator
if this is in metro manila, you have to go to the nlrc office at banawe street in quezon city to file your complaint. you just have to fill up a form. i recommend you put reinstatement as your remedy.


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22 Re: Illegal Dismissal/Termination on Sun May 08, 2011 6:24 pm

darkdeathscythe01


Arresto Menor
I see, Thanks po. Smile What are the possible remedies po aside from reinstatement? And base on my statement sir, do I have a chance for this case to prosper sir? Thanks again

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23 Re: Illegal Dismissal/Termination on Sun May 08, 2011 6:28 pm

attyLLL


moderator
reinstatement or separation pay aside from backwages, etc. i always recommend to choose reinstatement. if you change your mind, then you'll get sep pay.


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24 Re: Illegal Dismissal/Termination on Sun May 08, 2011 6:38 pm

darkdeathscythe01


Arresto Menor
I see, reinstatement to get my job back right Sir? I was thinking about that however I was informed recently and I posted it here that there was a list employees for termination and I was included in that list well that was according to one of the managers there. So if that was true and I push through with reinstatement there might be still a possibility for be to terminated again. Sorry for this, I am such a worrier, sorry. Sad I am worrying that my case may not prosper at NLRC but as you said and my officemates are saying that I have a fight with my case. Maybe i just have to sum up my strength and push through with the case, win or lose, right Sir?

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25 Re: Illegal Dismissal/Termination on Sun May 08, 2011 8:39 pm

attyLLL


moderator
dark, a prayer for reinstatement makes the complaint more credible. it does not preclude the possibility of separation pay if reinstatement is not possible. but if you pray for separation pay, you can not ask for reinstatement as an alternative, and it will appear you are just after the money.

it may take many months to a year for the case to finish at the arbiter level alone; years if it has to reach the supreme court. losing a case is always a possibility, but if you believe you were wronged and want to do something about it, then this is your remedy.


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