Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Illegal Dismissal?

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Illegal Dismissal? on Fri Aug 05, 2011 3:12 pm

jlaker


Arresto Menor
Good Afternoon Atty & the Members of this Forum.

I was a Regular Employee in a BPO Company. I was recently transitioned into a new Line of Business under the same Dept. that I was under. I went through training along with some new hires. During training I got really sick and followed Doctor's orders to rest for a few days, which caused me to miss critical information from training. We have 2 tests during the whole course, I passed the Final exam but failed with an overall score. 3 days after training had ended I received an Incident Report asking me to explain why I failed. The very next day I submitted my response and in less than 3hrs later I was being terminated by my Trainer and District Manager ONLY. I was terminated under "Performance Improvement" policy. I never had any previous problems with my performance nor any complaints against me. No other options were considered as the same question was asked by HRD when I talked to them the next day after being terminated.

No Case Conference or Hearing with HRD and Employee Relations was conducted nor I don't believe that whey were even notified, because I work the night shift and also in a satellite office, our HRD is located in our main office and work the day shift. Another note is that the Termination Document has an allotted space for an Employee Relations Signature which is BLANK. I have filed a complaint with NLRC and my hearing is this coming Monday.
Can I get some advise and info to prepare myself regarding my situation as this is the first time that this has happened to me. Thank you very much!

View user profile

2 Re: Illegal Dismissal? on Fri Aug 05, 2011 11:53 pm

jlaker


Arresto Menor
I would also like to add that there's a new training class that included regular employees just like what I went through. They are now being asked to sign a document stating that if they fail they will be terminated. 1 regular employee if I was terminated because of failing the training, management stated that I was terminated because I committed a Grave Offense. I was never aware that I committed a such offense nor did I receive any memos or Incident Reports. My termination document falls under "Performance Improvement".

Your response is Greatly Appreciated!

View user profile

3 Re: Illegal Dismissal? on Sat Aug 06, 2011 12:23 pm

attyLLL


moderator
I believe you did the right thing by filing a case in nlrc. I also am against this practice of terminating regular employees when they are being transferred to new lines. worse, you were not afforded due process.

at the mediation conference, do not expect much; they might not even show up. most bpos expect you won't be able to see the case through. keep us updated.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

4 Re: Illegal Dismissal? on Sat Aug 06, 2011 1:28 pm

jlaker


Arresto Menor
AttyLLL,

Thank you for your response. I am currently reviewing Company Policies and I believe I have a strong case. Another note I forgot to add was that after I talked to HRD, Employee Relations kept on calling and texting, inviting me to a hearing. I declined the offer since I have already filed a case with NLRC. I simply replied that "I think it would be fair if a Mediator will be present during the Hearing, and that they should receive a notice from NLRC".
Did I commit a mistake by declining the invitaion? Thank you!

View user profile

5 Re: Illegal Dismissal? on Sat Aug 06, 2011 2:02 pm

attyLLL


moderator
please see my pm


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

6 Re: Illegal Dismissal? on Sun Aug 07, 2011 10:07 pm

joehlogs


Arresto Menor
agents not allowed to take breaks and lunch when on high call volumes, sometimes management allows agent to eat lunch but while talking to the customers. and you'll be terminated for insubordination if you wont follow. is this illegal right atty?

View user profile

7 Re: Illegal Dismissal? on Wed Aug 10, 2011 2:50 pm

attyLLL


moderator
joehlogs, workers have a right to a one hour meal break, unless you are in the office only for 8 hours and there is period for meals that are paid for.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

8 Re: Illegal Dismissal? Today at 8:38 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum