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Urgent help needed, discriminated by 2 managers.

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Arresto Menor
Good morning! I am a plain housewife and I would like to seek legal advice on what happened recently to my husband's employment. My husband belongs to the call center industry since 2003. He started out as a call center agent and after a year was promoted to Team Leader/Manager. He resigned from this major call center company after 6 years to seek greater opportunity. He then joined this big BPO company last January. Dito na po kami nagkaproblema. He was serving his 5th month of probationary status when he received a notice from his manager telling him to make an appeal letter on why the company should continue with his probationary status. You see, my husband was recently diagnosed with Severe Obstructive Sleep Apnea and this results to him having daytime fatigue or dozing off during the day. This episodes of daytime fatigue was brought to his attention by his managers which prompted us to seek medical diagnosis/treatment. We submitted his letter of appeal last Tuesday with documents from his sleep doctor/ENT and the results to his sleep study to support his defense that his "dozing-off" was involuntary and that he is seeking medical treatment to "cure" this. Prior to this, the same managers who asked for the appeal letter told him that when it comes to productivity metrics, he was doing quite well. When he came back to the office last Wednesday, their HR personnel informed him that these 2 managers decided to discontinue his employment because he was not reaching the required metrics. So ano po ba talaga ang dahilan ng pagtanggal nila sa asawa ko, was it because of his medical condition or dahil sa hindi niya nare-reach yung requirements nila? If I were to give my opinion on this, clearly, na-politika po siya ng dalawang managers na ito. Unang-una, dun po sa dating company ng asawa ko, consistent po siya na isa siya sa top Team Leaders ng site nila sa loob ng 6 years stay niya dun. This despite his episodes of "dozing off", hindi pa po kasi nakakapag-pa-check up nung mga time na nandun pa siya sa isang company. Dito naman po sa bagong company na ito, makikita naman po na kahit nag-a-adjust pa siya eh he was doing his job quite well. These past few days nga po that hindi siya pumapasok, tumatawag ang nagtetext ang mga agents niya asking him when he'll be back and that they are rooting for him na hindi maalis sa company. Kindly enlighten us on this matter. We have several concerns po kasi, and this thing that happened to him clearly affects our family. Aside from being the only provider in the family, he has this medical condition that needs to be attended to and we have 2 small children to support. We already spent a big amount of money for his therapy/treatment, para lang ma-address yung issue na binabato sa kanya ng mga managers, tapos nawalan pa siya ng trabaho?

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You are at the difficult end of the battle if I may bluntly say so. Obviously, your husband is not so welcome in that new company and the new company does not deserve the good if not superior performance of your husband. Why would he like to stick with an employer like that?

Since your husband is still on probationary status, and they have the written result to back a claim that your husband is not physically fit for the job, mahirap nang ipagsiksikan pa nya ang sarili nya dun. He'd better look for a better company that deserves a good employee than go through an expensive legal battle that does not appear to be a sure winner.

Hope i served you well. I sincerely pray that God bless you and your family.

[Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.]

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his recourse is to file a complaint for illegal dismissal at the nlrc. but it will be tough because he was still a probationary employee.

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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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