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PROBATIONARY EMPLOYEE DISMISSED WITHOUT DOCUMENTATION

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vader316


Arresto Menor
Hi Atty,

I was hired by a company 4 months ago as a manager/ team leader. I helped in establishing the major needs of a start up call center. These are the events that transpired these past 2 1/2 weeks.
1. Until recently I have been handling a team of agents who were tasked to sell to prospective customers in the US. Since the product is not yet available we were then told to gather email addresses to be able to send some info about the product. One day my boss, who is a US citizen, told me that my team was doing something fraudulent and that I was suspended for two days. No notice to explain was given and no disciplinary action notice was given.
2. After a few days, i fell ill and I texted him 4 hours before the start of our shift that I was not feeling well and I will try to come to work that day if the medicine i took would take effect. I fell asleep and was unable to call him because I did not have credits on my phone but i considered my text message as a notice of absence. He then told me when I came in the next day that I was "no Call, no show" and that he wanted to fire me. He then brought the other team leaders into the office and i pleaded my case. They then agreed to get on with business and still keep me. again no document was given for this offense.
3. Last Friday I was asleep on my lunch break and overslept for about 30 minutes. He then called me into the room and told me to go home. i told him I wasnt feeling well but I was ready to finish out the day. I also told him that I was no going to take anymore breaks the whole day to make up for the lost time. He then said that there were 6 times that I was found sleeping on duty but no records of such were presented and I was not given any document to sign about these offenses.

Currently he is asking me to report to work but has asked me to resign. he said that I have not been producing quality work and not performing. I have not received a negative performance appraisal from him since I started working in the company. No reprimand has been issued and not even a notice to explain and definitely no hearing.

What are my options? I have a feeling that if I stand my ground and tell him that I wont resign, he would fire me without even any document saying so. He has done so in the past with agents and have terminated them either personally or through a directive to us without any documentation or notification. Is this a ground for illegal dismissal and if so what are the chances of the case going in my favor.

Thank you in advance!

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attyLLL


moderator
you have security of tenure during the probationary period, but if he is not satisfied at the end of the period, he can let you go.


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