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Newbie and has Question

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1 Newbie and has Question on Wed Jan 25, 2012 4:11 pm

mharbey23@gmail.com


Arresto Menor
Hi,

I am a newbie.. I would like to ask for a legal advice.I work in a call center and the account that I was in had a financial problem so they need to have headcount reduction for supervisors.They based it on the YTD Stats of the supervisor and I saw my name listed 4th to the last as bottom performer. I am a regular supervisor however what they did,they picked me while the 3rd 2nd to the last bottom performers were not. They said it is because of performance. Never did I received any memos before, saying I was not performing, they just laid the YTD performance when there was headcount reduction. I told them, if they were able to give me a memo that I was not performing, I would agree for a corrective action if still I will not improve until final warning till termination, and I said, I will accept the termination if corrective actions were given without me still not performing after notifying me.As per HR, they said, process of elimination should be last in, first out meaning if you were last promoted then you'd be the first to be out regardless of stats, unless given a corrective actions from verbal warning to final warning then termination as last step if still not improving.I was the only regular supervisor who was part of the headcount reduction..We went to NLRC with my company's rep and had a hearing and the representative said "go ahead,file a position paper.We are following the procedure that your managers picked you to be on floating because of your stats.".I filed a position paper and my question is do i need to pursue the case? I was not given memos that i was not performing, I was a regular supervisor that should not be part of the reduction due to their process of last in,first out that they didn't follow. The representative said whatever the decision of managers were, that is what they're gonna follow since I was not performing. Pls help me understand. I am on a floating status and they offered me a job but they will not pay the days that I was on a floating status.What I want is to get the pay for those days that I was not working since I should not be part of the elimination process and will resign properly.

I am hoping for a feedback please.

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2 Re: Newbie and has Question on Fri Jan 27, 2012 8:28 am

ccunanan2012


Arresto Menor
I am not a lawyer but from how you painted the picture... you have a stand. Keywords and phrases that caught my attention:

"account that I was in had a financial problem so they need to have headcount reduction for supervisors." <--- the account had the problem. you yourself is an employee of the center hosting the account right? So regardless if it had issues... the center should provide you another slot on a different account or put you on floating status but paid.

"Never did I received any memos before, saying I was not performing, they just laid the YTD performance when there was headcount reduction." <--- Standard procedure for any center is to maintain standard performance evaluations and corrective action. That's a hole on their credibility.

REGULAR Supervisor <-- Regardless of your status, you are ENTITLED to due process which requires paper trail, corrective actions and administrative hearing internally.

If your center did not comply to any of the following. They are dead.

I myself have been in the industry for a long time so I could say... This is a strong case. Smile

All the best!

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