ILLIGAL DISMISSAL

is your dept manager willing to issue an affidavit to back up your claim? do you have documentary evidence of these positive assessments?

attyLLL wrote:is your dept manager willing to issue an affidavit to back up your claim? do you have documentary evidence of these positive assessments?

Actually, all my evaluations were discussed to me prior to submission to HR. Also, I have a copy of one of the evaluations on email.

Good evening.

May tanong lang ako about sa correct due process ng pag terminate sa isang agent while rendering the remaining 30 days of work before completely separated.

I filed my resignation 30days ahead and during the last few days di na ako pumasok. Ang dinahilan ko is may sore eyes ako, didn't report to work till the last day, no medical certificate presented. When everything was OK, nag file nako ng clearance etc. and after 2 months nag apply nako for new work, the new company then revoked my application upon knowing na may discrepancy on how I declared my separation from the previous company, sabi ko kasi I wasn't terminated kasi ang alam ko talaga di ako terminated.

Now I texted my TL, kung bakit ako na-term when there was NO RTWO sent to me, if there was I didn't receive it (they should have a signature from recipient in order to prove it right?). I'm yet to receive her reply.

Nakakasama lang ng loob kasi walang termination letter akong na-receive, walang HR hearing (mandated by law po ba to?), and nag text ako sa TL ko everytime na mag aabsent ako/call workforce(may araw na workforce lang tnwagan ko).

Please, don't get me wrong. I'm not complaining dahil tinerminate ako e di naman ako nag present ng medical certificate, I'm just questioning the process they've undergone to terminate me. Be it AWOL or not, ano ba ang tamang process BY LAW before they fire an employee?

I'm planning to file a case but I want to have a strong ground. I don't want to file a case 'cause I feel violated lang.

May I also add na call center po yung employer ko.







My other question is this, if you're flagged as an employee gone AWOL, do you have the right to protect and explain yourself in a form of a hearing before you're terminated? If there is, is it mandated by law to do so?

In my opinion po, if we were to compare my situation to a criminal, it's like imprisoning someone just because he's accused of a criminal act without getting him to appear in a court to defend himself. But this is my opinion, it might or might not have any bearing.

ikabod, you have the right to question the termination by filing an illegal dismissal case at nlrc, but i have to warn you that it'll be hard to win because companies are given leeway in assessing probees

spot, the process is 1) notice to explain 2) submission of explanation, 3) admin hearing, then 4) notice of termination.

thanks po attyLLL

nagfile na po ako ng case sa NLRC and mandatory conference is on dec 12 and 19. since this is my first time attending a hearing,

1.) ano po ba nangyayari sa conference na to, what are the things that will be discussed.

2.) nung nag file po ako ang linagay ko po dun is the president and chief executive of the company at hindi ko po sinama yung supervisor/Teamleader and HR na nag approve ng termination sa respondents, OK lang po ba yun? If not, is it ok if I update the case and put their names on it?

Again, thank you.

parties are given the opportunity amicably. normally about money.

leave the names be. ultimately it is the company which is liable.

Good day! I would like to seek your advise about my former employer. I already resigned from the company, end September. I used to be a Sr. Manager in the company, prior to my resignation. Here are the issues:
1. On the fourth-month of my employment, I was informed by my boss
(the newly hired Marketing Director-- less than a month with
the company), that Management was not satisfied with my
performance. During this talk that I was informed that I was
"tagilid" meaning I might not be regularized unless I do something
drastic measures to convince them that I can stay. As a company
policy, all new employees are evaluated every three (3) months to
see progress, which I signed an "Employee Performance Evaluation"
based on what we talked about by my boss. After a month, my boss
again told me na "talagang pagit ka na sa kanila", referring to the
Management. Sensing this, I tendered my resignation effective end
of June. July 2 will be my 6th month.

From the first time me and my boss talked, I still proceeded with
my work and showed them that I was not affected with the "issues".
I even launched the company's newest product last June 15. But
after that launched, I was informed by my boss that he was
extending my stay for another three (3) months because: he wanted
to personally observe and evaluate me, as my new boss. And my
resignation letter was changed to September 30, instead of June
30. From that time, I would say that we had gone a long way in our
work --accomplishing so many things, as well as establishing a
harmonious boss-subordinate relationship.

Questions: a. Can I file a complaint against my employer for
violation of Art. 282 of the Labor Code?
b. If so, can I also claim something from the company --
like separation pay and 13th Month?

what happened on 30 september. they prevented you from coming to work? or you stopped?

September 30 was my last day of work. It was the date I wrote in my resignation letter.

Please help me attyLLL!
I filed for immediate resignation because no one will take care of my two kids. I was only able to render a few days then I cannot go to work anymore because no one will be left at our house to take care of my kids. I informed my TL about this. Then after a week of not going to work I received a notice to report to work. Akala ko okay na lahat kasi nagsubmit naman ko ng resignation letter. Andami naman nila pinayagan before na magimmediate resignation. I called my TL immediately and sabi niya sabi daw ng OM namen na I agreed to render 30 days. Wala naman kame pinag-usapan na ganun. I told my OM that I can only work until the 10th of the month. Ayoko naman termed yun status ko kasi what if I will look for another job na. I had no offense na nagawa sa company and been there for more than two years. Kahit NCNS ingat na ingat ako na wag magkaron nito. Sabi ng OM ko if I will render there will be a hearing which will lead to my termination. Pinapunta nila ko sa Sitel to talk with the site director. Di naman po ako kinausap kasi busy daw po siya. This was last week of November pa until now when I ask them kung kelan ko pwede kausapin yun site director di sila nagrereply sa ken. Pwede ko po ba to ireklamo sa NLRC?

it is the law which requires you to render 30 day notice. but there are instances where you can file immediate resignation such as grave insult or crime committed by employer against you, or the catch all analogous reason.

i recommend you write a letter to the site director informing them of the situation, and if they still terminate you for cause, you can file a case at nlrc even if just to force them to allow your resignation.

but make sure you can demonstrate that you are informing them.

Thank you po Atty. I received a letter of dismissal na and they said I ignored the first letter that they sent to me. Which is not the case. Di na po ko nakapag-write ng letter. Can my text messages asking my OM and TL when I can speak to the site director valid?

This is regarding the issue we have here in our company. One of my collegue was dismissed due to rudeness and professionalism issue based on the feedback of the customer. Here is the thread of the email:

This is the email from QA:


From:


Hi,

Please look into this case and get back to us within five business days.

Below comments are concerning

Thank you,



Below is the feedback of the customer
Quality Assurance Dept.

Agent Name: ?
Call Center: ?

Comments:
The agent might have been having a bad day. He sounded very irritated with me from the start. I had some difficulty understanding him and when I would repeat any instruction, he'd snap a "yes" or do a snappy repeat of the instruction. Any clarification (like when cutting the power to the unit, I asked if it made a difference if I pulled the plug at the wall or on the unit)would earn a quick and frustrated
response. Possibly if an associate is frustrated, they should put a customer on hold, take a deep breath and count to ten. Also remember,people are calling him as a last resort to correct a problem.My problem was with a rather new DVD player that kept losing it's wireless connection. I had spoken with Netflix, Comcast and Samsung before being referred to DLink. I had worked on the problem for a week
before resorting to bother anyone at DLink because the unit works for all of our other wireless electronics. But, it had to be checked to satisfy Samsung the unit was defective.

Below is the response of the supervisor:

Hi ,
Please be informed that agent who handled the case was taken out of the account and is no longer part of Alorica effective today April 30 due to multiple incidents of Negative Customer Feedback mostly pertaining on Professionalism and Rudeness. Rest assured that we will continuously monitor our agents and implement sanctions when necessary.

Thank you,

Supervisor

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The agent is working for 3 years in the company and he is a regular. Questions:

1. He received written warnings but he was not informed that he is already dismissed effective last april 30. He went to work last May 1 but he ask to go home because he is already dismissed. Is this a legal?

2. Lets say, the investigation is done, due to negatove feedback, is this a legal bases for dismissal in a company?

3. The company has many accounts on it, the issue is within Dlink, why is the supervisor email information said that he is dismissed and no longer part of the company, legal ba ito?

4. In a call center, wla ba kaming safeguard for our employment? Paano if yung customer badtrip, mag feedback sa amin ng negative, kahit ano sinsabi, maging basehan ba para e dismiss kami?

5. Please help us for any legal advise

could you edit your post to remove names? unless it's no problem for you that management sees this and they can't trace who you are.

This is regarding the issue we have here in our company. One of my collegue was dismissed due to rudeness and professionalism issue based on the feedback of the customer. Here is the thread of the email:

This is the email from QA:


From:


Hi,

Please look into this case and get back to us within five business days.

Below comments are concerning

Thank you,



Below is the feedback of the customer
Quality Assurance Dept.

Agent Name: ?
Call Center: ?

Comments:
The agent might have been having a bad day. He sounded very irritated with me from the start. I had some difficulty understanding him and when I would repeat any instruction, he'd snap a "yes" or do a snappy repeat of the instruction. Any clarification (like when cutting the power to the unit, I asked if it made a difference if I pulled the plug at the wall or on the unit)would earn a quick and frustrated
response. Possibly if an associate is frustrated, they should put a customer on hold, take a deep breath and count to ten. Also remember,people are calling him as a last resort to correct a problem.My problem was with a rather new DVD player that kept losing it's wireless connection. I had spoken with Netflix, Comcast and Samsung before being referred to DLink. I had worked on the problem for a week
before resorting to bother anyone at DLink because the unit works for all of our other wireless electronics. But, it had to be checked to satisfy Samsung the unit was defective.

Below is the response of the supervisor:

Hi ,
Please be informed that agent who handled the case was taken out of the account and is no longer part of Alorica effective today April 30 due to multiple incidents of Negative Customer Feedback mostly pertaining on Professionalism and Rudeness. Rest assured that we will continuously monitor our agents and implement sanctions when necessary.

Thank you,

Supervisor

--------------------------------------------------------------------------------
The agent is working for 3 years in the company and he is a regular. Questions:

1. He received written warnings but he was not informed that he is already dismissed effective last april 30. He went to work last May 1 but he ask to go home because he is already dismissed. Is this a legal?

2. Lets say, the investigation is done, due to negatove feedback, is this a legal bases for dismissal in a company?

3. The company has many accounts on it, the issue is within Dlink, why is the supervisor email information said that he is dismissed and no longer part of the company, legal ba ito?

4. In a call center, wla ba kaming safeguard for our employment? Paano if yung customer badtrip, mag feedback sa amin ng negative, kahit ano sinsabi, maging basehan ba para e dismiss kami?

5. Please help us for any legal advise

i recommend he makes a written inquiry first to hr to determine his status