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Termination due to Failed Metrics?

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1 Termination due to Failed Metrics? on Thu Jul 28, 2011 3:34 pm

TAKUSA


Arresto Menor
Hi to everyone I'm just newbie in this forum and I really learned from those who posted their legal questions and advices. Well I just want to ask some legal advice from our legal experts and those who already in the same scenario in this forum. I was working in a call center industry and I signed my 4th year appraisal last July 22nd which gave me an increase of 10% salary and my Supervisor already submitted it to HRD for processing since my appraisal will be effective on August 27th. On the same day I've also been terminated by my employer the reason is Failed QA or Quality Assurance for 3 months but not consecutively. QA is one of the 8 metrics of the total performance in our account eventhough I failed the said metrics I didn't failed my total performance. I ranked No.12th for the month of June out of 300 agents which I became one of the performer agents. I was notified for this matter and already submitted a letter of explanation I went to conferenced with our HRD officer together with my previous Supervisor but didn't informed me that it will lead to termination. HR officer just told if I'm aware for the consiquences then after a month they release the decision. The HR officer told me the termination is effective on the day I signed it I was on my 3rd day of vacation leave and only went to office to sign my appraisal because my Supervisor called me. HR officer told me the company will not going to pay my remaining Vacation Leave as well as the 3 days which I already used the Notice of Decision was dated 2 weeks ago but only received it last 22nd of July. HR officer also gave me a consideration to submit a letter of resignation effective July 23, 2011 so that the company will pay the VL I've already used for that week. I already filed a complaint to NLRC for illegal termination last July 25. Is it legal to terminate an employee for failed metrics like QA? I do apologized for my very long post hope you guys can understand. Thanks and hoping for some comments.

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2 Re: Termination due to Failed Metrics? on Thu Jul 28, 2011 6:16 pm

attyLLL


moderator
hello takusa, this metrics issue has not been decided by the supreme court. when i was defending bpos, i was very uncomfortable arguing that these metrics violations were just causes for termination, because it has to be shown that the negligence is both gross and habitual.

sometimes, a lot of them seemed to be just cases of simple imprudence, and this is now what i argue for my clients who have filed cases against their BPO ex-employers.


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3 Re: Termination due to Failed Metrics? on Fri Jul 29, 2011 2:08 am

TAKUSA


Arresto Menor
attyLLL wrote:hello takusa, this metrics issue has not been decided by the supreme court. when i was defending bpos, i was very uncomfortable arguing that these metrics violations were just causes for termination, because it has to be shown that the negligence is both gross and habitual.

sometimes, a lot of them seemed to be just cases of simple imprudence, and this is now what i argue for my clients who have filed cases against their BPO ex-employers.

Thanks for your response AttyLLL I really appreciate it. So it means failing metrics is not a legal grounds yet to terminate employee. Hence in my company's handbook manual it said that our appraisal will be based on our yearly performance so it means they need to look on total performance not only into one metrics before terminating me. Also I want to know about my remaining VL is it in the labor code that the employee can use or be paid for the remaining VL once been terminated?

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4 Re: Termination due to Failed Metrics? on Fri Jul 29, 2011 5:13 pm

attyLLL


moderator
no, what i said is that is that matter has not yet been ruled upon by the supreme court so it is still debatable, but they should look into entire record of employee.

there is no law that requires vl to be convertible to cash.


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5 Re: Termination due to Failed Metrics? on Fri Jul 29, 2011 6:06 pm

TAKUSA


Arresto Menor
attyLLL wrote:no, what i said is that is that matter has not yet been ruled upon by the supreme court so it is still debatable, but they should look into entire record of employee.

there is no law that requires vl to be convertible to cash.

I see your point AttyLLL regarding the metrics as ground for dismissal so it means my employer will just disregard my complaint coz the case can be dismiss in their favor. In regards to my remaining VL can I still demand it specially if it's written in the company manuals that the remaining VL can be use as terminal leave?

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6 Re: Termination due to Failed Metrics? on Fri Jul 29, 2011 6:20 pm

attyLLL


moderator
you should just include that in your prayer in your position paper in the nlrc. now that you've filed a case, i doubt if they will release any clearance, last pay to you. and be careful of signing a quitclaim.


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