Terminated based on unmet Performance improvement plan

Seeking advise if this is lawful. Termination was served on the last day of a Performance Improvement Plan. Areas of improvement includes late submission and some command responsibilities like non-submission of subordinates. I believe, no habitual negligence was clearly stated, nor prior memo on the said areas for improvement.  Meanwhile, all KRAs were hit with Nothing below Meets Or Exceeds Standard. Stated Date of checkpoints were not followed, e.g: first checkpoint after 5 weeks of issuance of PIP (missed 3 checkpoints, vs the planned)

Is explanation or HR interview not needed in this case before the decision is served? During all checkpoints, only the employee and the supervisor was present, and the last one was already the Resolution.

Thank you

regular employee ka?

dapat may explanation from the supervisor, although what about late submission do you not understand? Hindi required ang explanation just for explanations sake. But required na maiparating sayo clearly what the reasons are.

Termination by performance evaluation are always grey areas. Failure to meet standards CAN be considered "negligence" It has to be fair, ang problema "fair" is always dependent on the one judging.

Yes you can complain re checkpoints missed but company has the right to change the system for evaluation etc. Again this will boil down to the arbiter's judgement if you decide to file a complaint.

If regular ka na you may have a chance to win a complaint for illegal dismissal. If probationary employee ka palang your chances are very slim.

Thank you for the reply, Atty!

I’m employed in the company (agency) from July 2015.Written contract is given every year; period every Until December of the current year. In 2018, only selected employees were given the written contract, and just verbally informing that those without are on-probation. The resolution for termination states that “...you current probationary status can no longer be extended. Resolution is to discontinue employment with XXx (my company, not the client)

About sa Late submission, is the penalty of termination corresponds to that lapses, even if all of KRAs are executed well? As stated in the main PIP, “faiulure to maintain expectations after the completion of PIP may result to DA up to and including termination”. When I was pointing that out if it was fairly decided because i’m a performer, my supervisor well-acknowledged that fact and told me that what she has are the one stated in the Areas for improvement. It means he dismissed the Performance that I have over the past 3years, or the current year,

What are the possible fair disputes I can ask from the company, excluding reinstatement, i find it impractical because my appeal to my supervisor to review further was already turned down (I wrote request for further review at the bottom of the resolution instead of signing). Initially that was my appeal but the moment it was turned down, I just want a fair disputes.

review your past contracts with the agency. Is it a project based contract?

Whether or not you are considered a regular employee has a huge bearing on your chances to win your complaint.

re the late submission again this would depend on the person "judging" your complaint.

Separation pay

Yes this is a project-based contract po.

Thank you so much

if you are a legitimate project based employee then you are not considered a regular employee. Your chances of winning the complaint is very slim. I would suggest you go to dole and have them evaluate your previous contracts, have them explore the possibility of you being considered a regular employee

Hello po, ask ko lang po sana kung makakakuha ka parin po ba ng NBI clearance mo kahit may hit ka po?
Hindi ko po kasi alam na hindi pa po pala cleared yung case nung husband ko, since wala naman po kasi kaming na rerecieve na sobrena or hindi po kami nakakatanggap ng papel na pinapatawag po yung asawa ko para po sa case na kinsasangkutan nya po. Ngayon po kasi nag aapply po sya ng panibagong work and syempre common naman po talaga yung requirements yun nga pong NBI. Sana po matulongan nyo po ako kung ano po ba yung dapat namin gawin para makakuha po sya ng NBI nya po, maraming salamat & GODBLESS po.

Jonabebbss wrote:Hello po, ask ko lang po sana kung makakakuha ka parin po ba ng NBI clearance mo kahit may hit ka po?
Hindi ko po kasi alam na hindi pa po pala cleared yung case nung husband ko, since wala naman po kasi kaming na rerecieve na sobrena or hindi po kami nakakatanggap ng papel na pinapatawag po yung asawa ko para po sa case na kinsasangkutan nya po. Ngayon po kasi nag aapply po sya ng panibagong work and syempre common naman po talaga yung requirements yun nga pong NBI. Sana po matulongan nyo po ako kung ano po ba yung dapat namin gawin para makakuha po sya ng NBI nya po, maraming salamat & GODBLESS po.

This is not a labor related issue. Please post your query in the NBI Clearance Forum