INTERESTING CASE

Good Day,

I have an interesting case that needs advice.

Let me walk you through the initial process until my non-regularization.

During my initial interview, the job description was discussed to me in a clear way and it essentially fits my qualifications to become a manager in an exploratory position. Meaning, both my superior and I do not know the main responsibility and function of my role.

True enough, we do not know where to start and how to end a full cycle regarding the function of my role.

There was no 3rd month evaluation because there was nothing to evaluate from me since I did not have the key deliverables and I believe I still do not know what is really expected from me.

On my 5th month, my boss told me that they "thought" I was the right guy for the position and it turned out that there was an additional qualification that I did not meet. To cut it short, they added another qualification aside from the ones discussed with me during my initial interview. To make things worse, i did not have any experience with the additional qualification which eventually gave them the power to state in my evaluation that I failed to meet the company standards of my job responsibilities.

I felt that I was treated unfairly, wasted my time and effort during my probationary period. My boss did not even gave me guidance or even set what is expected from me stating that I am already a manager, I should know what to do. Excuse me, this is an exploratory role, we both do not know what it is to do.

I don't like it that they added another qualification during my probationary period because I wouldn't be hired if I wasn't fit for the role. I should've taken another job instead of playing a losing game in my current employer.

I would like to know if this could be subject to illegal dismissal.

Please comment and advice.

Thank you in advance.

you can try but the employer can just claim that you didnt meet the criteria. There will always be something subjective sa criteria. They can always claim na your "attitude" was not fit for the position. Very hard to win a complaint like this.

Thank you for your response.

Isn't it illegal/unlawful if they add another qualification aside from the ones initially discussed? They focus on that reason instead for non-regularizing me.

they can just say attitude problem. thats one of the factors that is aleays considered even if it was not written or discussed with you since it is presumed that every employee should have the right attitude.
you can file a complaint if you have the spare time, all you have to lose naman is time and pamasahe

Thanks for the advice sir. Will wait for other opinions re this topic.

clearly they don't want you there anymore.. bakit ka pag mag stay.. just move on..

I know that sir, my point here is, they treated me unfairly. It is my first Managerial job and my first non-regularization case. I want to know what my areas of opportunity are if ever there was. Medjo mahirap kasi tanggapin sir lalong lalo na first ko ito.

just make sure you get paid (redundancy).

It is wholly unfair for an employee to be promoted to a managerial position initially without stating his scope of support and mentioning the criteria in which he will be evaluated on. The criteria should be established first so that the employee knows what to do and what to expect in his job, while also having the necessary support and guidance from his superiors.

Please forward your concerns to any of the higher-ups in your company, be it the HR department or anything similar. If you have time, please go to the nearest regional DOLE and ask for their advice regarding your situation while bringing any necessary documents/evidences to help elucidate your claims.

Thank you for the advice. I already talked to one of my lawyer friends. He told me that it is indeed illegal dismissal because the onset of my employment, it was not made clear what my primary responsibilities are because it was an exploratory role. So when it was stated in my notice that I did not meet the standards of my function, what standards are they talking about if it was in fact an exploratory role? He said, go to DOLE and file a complain but be ready to be blacklisted from future applications in that company.

He said, go to DOLE and file a complain but be ready to be blacklisted from future applications in that company.


Hindi po kayo mablablacklist. kung sakaling magpursue at manalo kayo sa case niyo, willing pa ba kayong magtrabaho ulit dito sa company ninyo?

Opo naman. Willing na willing.

^

Punta po kayo sa NLRC. Take note lang po sa post reply ni sir Lukekyle (post#4)

goodluck.