Illegal or Legal Dismissal?

Good day to all! Need help po re employment that was terminated.

Currently I am on Floating Status for more than a month now (since first week of Feb). Our company (BPO) needed to cut down hundreds of people 'allegedly' due to low volume of calls.

Without my knowledge, pinagrereport pala ako ng company on or before March 7th...para mare-Profile daw...

It was last March 9th, I received a notification card sa mail box indicating that I need to pick up a registered mail sent by our company from the local post office...and since its almost 5PM, I have no choice but to pick it up the next day March 10th.

Company sent me a letter pala (Return To Work Order) asking me to report at the office for 're-profiling' on or before March 7th...and letter shows, failure to show up on or before March 7th will be tagged as Job Abandonement, and company will be forced to terminate my employment.

Wala pong ibang notice asking me that I needed to show up on or before March 7th like Email or Text/SMS...may isang missed call sa celfone ko coming from a landline which I failed to answer, and I am not sure if that was a call from our company.

Question po...since they wanted me to show up on or before March 7th otherwise my employment will be terminated, but I got the letter only last March 9th...may laban po ba ako dito sa situation na to? Isn't this considered illegal?

Please help po...many thanks sa advise!

Go there immediately.

March 9 mo natanggap so dapat dumerecho ka doon sa opisina o at least tumawag man lang.

What did you do between Mar 9 and Mar 10?

Registered mail ba kamo? You have the proof of delivery/notice with date stamp dapat.. then proceed from there see where it goes.. ask nlrc.

Good day Attorney!

November 2, 2016 I was officially hired as a Sales Executive of a logistics company. I was offered the position by a former business friend and was told that she badly needs me to join the logistics company rather than having other people join her department. She claims I was highly recommended by her to her bosses or the B.O.D. Intending to do more productive activities with the available time I had, and with the intension of utilizing my sales training, I accepted the offer. I underwent a job application exam (could be an aptitude test if I recall it correctly), and a panel interview in which I had to perform a sales pitch in front of the B.O.D. long story short, I qualified.

The first month was supposed to be a training period in which I was generally (very brief) informed of the overall operations of the company. Not satisfied with the info I received, I initiated research as to gain broader perspective about the logistics’ business. When I was seen having my earphones in my ears, I was asked by my now then manager to observe what is happening in the operations office. In my opinion I was provided with minimal training, no constructive or substantial training for me to be able to catapult into my job responsibility. With this, I had to adjust and be resourceful as to make my job possible. I was instructed build a pipeline of prospects to call, schedule appointments which I was able to do. Do client visits and win business for the company. I struggled through the month of December and January since these were days preceding and succeeding the holidays and events and businesses were not into entertaining client visits that much. But I was on the job working on what I can, cold calling and requesting for client visits. My job is to acquire a sales quota of 500,000 a month, in which I haven’t been able to meet. There was a sales won under my account amounting to 130,000 on December 2016. And another won sale amounting to a total of 390,000 with a little assistance of my manager on February 2017.

Every rate proposal had to be first approved by my manager, only then can I submit the rates to my prospective client; which consumes a lot of time in editing, adjusting rates until it was approved by manager. Since I received general training since I started, I had to learn via trial and error with that effect.

March 7, I received an SMS notification by my manager stating there will be an evaluation on me based on attendance and performance by the next day at 10am. Comes Wednesday, I was brought down for the said evaluation at 11am. I asked who would be the people conducting the evaluation and if I was going to take a test or if it was based on interview. My manager blurted out, “didiretchahin na kita, pinapatanggal ka effective today”. I questioned why. Her response was “4 months ka na, hindi mo padin alam ang 20F, 40F, kung ano ang vat in at vat ex. Walang benta”. I tried my ultimate best not to retaliate in respect to authority and simply asked, “what if I was to be evaluated?” the manager responded, “magiging ganun parin”. I believe there had been shortcoming in her part as my manager since it has been talked about having sales training since November year 2016, coaching every Mondays or Saturdays which didn’t really transpired. She asked if I have any more questions or concerns, and I responded that I was just concern about the telecommunication plans I just recently applied for which usually have lock in periods, and my last pay. I was offered an option to file resignation as a graceful exit in which I wrote and filed the same day. Packed my things and left.

Little and only later did I learn and realize that there was no due process that transpired and that I had an intuition I could have been illegally dismissed. No 30-day prior notification, nada. Monday the same week during sales meeting the B.O.D. was discussing about the challenges in the industry. I have this hunch they used my performance to build a case for grounds of my termination, but in reality it could be of authorized causes given the challenge we were having in the industry.

Attorney, would you lend me your perspective on this situation? Was it an illegal dismissal for sure? No due process. It was very abrupt. Should I file for claim since my employer did not follow due process? I believe there is a penalty for failure to follow due process for termination.


With Sincere thanks,
E.G.P.G.

I mentioned about trying my best not to retaliate towards my manager for the reason that I and my co-workers believe there is a a lack from her side to provide support espcially to a new sales executive who knew little about the run arrounds of the logistic's business.
Whenever she is away and is physically not present in the office, i would inquire to her via text message. One time i asked for her approval about a rate proposal, asked me to send her the costs and the profit margin i added on the rate. We kept running in circles throwing back and forth amount figures, so as to save time and in order that I can submit the proposal as soon as possible so that I can move on to another client, I included in the text saying, "Ikaw na ang magbigay ng rate maam, kasi tantsa mo naman as sales and ops manager with a smiley."
She responded, dapat alam ko daw yun as sales. It was crazy. I asked her if she had given me any guidelines. She said there nothing like that.
She asked, "seryoso ka ba sa ginagawa mo". "Oo naman, hindi naman ako naglalaro".
Can anybody else see the picture here?

council wrote:Go there immediately.

March 9 mo natanggap so dapat dumerecho ka doon sa opisina o at least tumawag man lang.

What did you do between Mar 9 and Mar 10?

Gud PM po sir!

I attached a copy of the letter/notice that was sent to me...

I picked up the letter po the next day (March 10th, Friday)...and went straight to our office. I went sa HR office without informing about the letter that I got. Sabi ko lang, I just want to check kung may availability na...and I was informed na complete na yung batch for training...and need na lang nila ng buffer. So I agreed and I updated my profile, then got interviewed and passed yung written exam...parang new applicant. Then scheduled daw ako ng final interview on Monday.

Marami na pong cases wherein walang coordination ang mga iba't-ibang departments sa aming company. So I am thinking baka lang di pa na-cascade ng boss nila sa mga tao nya na nagpadala sila ng notice sa akin...or baka di updated sa system, or what. Ang clear lang po, yung sabi sa letter, if I fail to show up on or before March 7th, they will be forced to terminate my employment.

Do I need to inform those people sa "baba" na their office sent me a notice? Feeling ko po possible na next week pagbalik ko sa office eh sabihan nila ako na Termed na ko and that I dont need to proceed with the final interview. And their only excuse most likely will be, "di pa po agad na-update sa system yung status ninyo".

BTW...yung sabi sa letter na they sent me a letter last Feb 20 ay di po ako aware...and also sabi rin, di daw raw ako nagreport or nagpakita sa office "from February 8 to present" ay hindi po totoo...I was there last Feb 27 and I have witnesses...di lang po naka-log sa guard kasi di naman kami new applicants, in fact employee pa rin kami so they would just allow us to enter without signing sa log book ng guard...and the person that I spoke with that day ay kakilala ako and she even checked if updated ang contact info ko.

Kung sabihin nilang okay pa status ko and just disregard the letter, well and good. But if sabihin nilang Terminated na ang employment, do I have some legal basis para po lumaban?

Eto po copy ng letter for further reference:

ador wrote:Registered mail ba kamo? You have the proof of delivery/notice with date stamp dapat.. then proceed from there see where it goes.. ask nlrc.

Yes po registered mail...nakalagay sa card na dinala sa bahay March 9th, and almost 5PM na...so bale I was notified only last March 9th na may sulat sa kin, and I picked it up only the following day, on the 10th. And to find out na pinagrereport ako on the 7th otherwise they will terminate my employment.

Sige will check also with NLRC... Thanks po!

mag report ka muna sa employer, explain that you received the notice late. you need a response from them whether you are terminated na or reinstated before you can file anything. baka naman d ka tanggalin so dont jump to conclusions just yet

lukekyle wrote:mag report ka muna sa employer, explain that you received the notice late. you need a response from them whether you are terminated na or reinstated before you can file anything. baka naman d ka tanggalin so dont jump to conclusions just yet

Good am sir! Thanks po sa input.

I agree, better not to jump into conclusion. It just so happen that this company (just like most BPO companies) has the penchant of 'removing' workers without due process...maraming instances wherein akala ni worker ay nakapag-resign sya nang maayos, yun pala, sa record ng company lumalabas na Termed si worker. Ang mga tao sa call center, majority ay walang pakialam sa mga Legal matters...I would say,siguro nasa 98-99% ay mga happy-go-lucky, yuppies and new grads, who don't mind kung 'nalansi' ba sila ng company nila. And very rare po yung lalaban sa company...no one dares to question kung legal ba o hindi yung mga ginagawa ng company...been in the industry for a more than a decade now and masasabi kong takot at walang pake ang mga employees about their rights...ang sa kanila ay masabing nasa call center, slang magsalita, at yosi/inum after shift okay na. Meron ilan, yung mga tipong may edad na, palaban naman, pero napaka-rare. Ang bukambibig nila ay "Move On' na lang!" No one dares kasi napapakiusapan ng mga Sup or Managers nila wherein I believe, intentionally they (Managers)  created the 'Tropa-tropa' spirit sa workplace. Lagi silang kainuman at kasama sa gimik. Pag may issue, sasabihan sila, 'Move On na lang, dami pa naman dyang call center.' Andami kayang vioaltion ng worker's rights sa call center world,like non-payment ng severance pay, and forced resignation. Majority kasi mga bata pa kaya walang alam at walang pake...lalo na kung new grads, takot mawalan ng work.

Kaya po medyo feel ko, sinadya nilang ma-late ang dating ng letter para di ako makapunta...and they would think na I will just accept yung kanilang verdict. That way, laki na naman ng matitipid nila.

Good day po atty.,
Company secretary po ako. Ask ko lang po if illegal or legal dismissal po ang gagawin namin na pagterminate sa isang empleyado namin? Hindi na po kasi oras ng trabaho nagmemessage siya sakin regarding sa computation ng salary niya , sinabihan ko naman siya na for checking ang status ng salary , then sinuspinde siya ng boss ko for habitual absences and tardiness , kung ano ano na minessage sakin and ipapabarangay daw ako for miscalculating of salary, kahot sinabi ko na na for checking ang dtr niya. So anh desisyon ng boss ko eh icompute ang last 2 weeks salary then idididmiss na sa work. Is that legal? And ano naman po ang pwede kong ikaso sa kanya sa ginagawa niya sakin ng hindi oras ng trabaho? By the way po 7am to 4pm po ang working hours po namin, nagmemesaage po siya nh 4:30-8:30pm po. Thank u po.

@Newbie777 - "Kaya po medyo feel ko, sinadya nilang ma-late ang dating ng letter para di ako makapunta...and they would think na I will just accept yung kanilang verdict. That way, laki na naman ng matitipid nila."

You are speculating. Patunayan mo. Ang delivery ng Registered Mail ay alam nating 'snail mail' yan. Ano pakialam ng kumpanya kung dumating sayo yan o hindi, o late man o hindi. Basta nagawa nila ang nakalagay sa batas na ipadala sa address ng empleydo, matanggap mo o hindi ay legal yang ginawa nila.

Good PM. Our lawyer suddenly had an emergency. Our hearing with the company for illegal dismissal is scheduled tomorrow at 10AM at NLRC Banawe Quezon City. The company is okay with settlement and they just need a lawyer to represent me to discuss about the settlement amount. Please contact us at 09178118506. Need help =(

Sylvansaint wrote:Good PM. Our lawyer suddenly had an emergency. Our hearing with the company for illegal dismissal is scheduled tomorrow at 10AM at NLRC Banawe Quezon City. The company is okay with settlement and they just need a lawyer to represent me to discuss about the settlement amount. Please contact us at 09178118506. Need help =(

Ano ba yan, conciliation/mediation or nakapag-submit na kayo ng position paper?