Constructive dismissal

Legal advice needed, thanks.

cross2015 wrote:Legal advice needed, thanks.

Cant give advice without details.

I am a call center supervisor for a multi-LOB program. The LOB i handle happens to be specialized, as there are only 10 agents and I am the lone sup. Back in Feb, I was told of the possibility of my LOB being pulled out. Before end of Feb, I was told that instead of pulling out, the client decided to reduce 90% of the call volume w/c would take effect 3/19. On 3/20, HR along with my manager and director advised me that I would be put on floating status unpaid effective 3/25.

I am questioning the legality of their notice due to the following:


1. Call volume reduction is forecasted ahead of time. A contingency plan should have been put in place to ensure that my work within the company is continuous, such as an account transfer. I was advised of the decision to put me on floating status less than a week from the effective date, thus decreasing my chances of getting transferred at the soonest possible time.

2. I am a graduate of the company's OM prep series, a program designed to help prepare a selection of qualified supervisors for managerial roles & responsibilities. Graduating from this program means you are next in line for a promotion when an opening comes up.

An opening for manager in our Iloilo site did come up a few months ago, and when my superior advised me about this, I politely declined. My family is based here, I have an 8 month old daughter and having recently moved to a new apartment, I also have contractual obligations to it. Moving was not a possibility or option for now.

When I was informed of the decision to put me on float, I was offered to move to Iloilo even though they knew it was something I would not even consider. If moving there was a consideration, I simply could have applied for that manager post months ago.

3. Despite a number of supervisors from our account with pending resignations, I was advised that the account was actually staffed correctly in respect to supervisor-agent ratio & proportion.

On March 28, 2015, I saw an ad on the JobStreet website about Startek actively pooling for supervisor openings.

4. Immediately after the notice was served to me, my badge access to the production floor was deactivated. I was not informed by Mr. Endrina during the entire time we were discussing the notice. This was even though I still had my belongings inside the area.

5. Exercising management prerogative should still be within the means of the labor code. Needless to say, if I am not subject to any action due to business closure, poor performance, failure to perform my duties as a supervisor, attendance issues, any violation of the company's policies, etc., then it is also the company's responsibility to make sure my source of income is uninterrupted.

I have consulted with a few lawyers, the first said that the floating status notice (unpaid) is illegal, while the PAO representative at the NLRC says otherwise. Even if it is legal, with the statements mentioned above, can it be grounds for constructive dismissal? Please help. Thank you!

rjdisidoro wrote:I have consulted with a few lawyers, the first said that the floating status notice (unpaid) is illegal, while the PAO representative at the NLRC says otherwise. Even if it is legal, with the statements mentioned above, can it be grounds for constructive dismissal? Please help. Thank you!

The floating status situation within a call center is within management prerogative (especially with client requests or demands to lower volume), and is not grounds for constructive dismissal.

It may not be possible to advise of a floating status earlier especially if the client has a timetable to consider.

Thank you for your reply. Can they also apply the no work no pay policy while I am on float? I find this a bit unfair. And if I were to resign, can I claim constructive dismissal?

Also, all of my agents were redistributed to other supervisors while I am the only employee put on float.

rjdisidoro wrote:Thank you for your reply. Can they also apply the no work no pay policy while I am on float? I find this a bit unfair. And if I were to resign, can I claim constructive dismissal?

Generally, the "no-work no-pay" rule applies unless you have credits to use or if the company is willing to pay out the days that you are on float.

If you resign, that's voluntary, and will not receive anything except for your final pay, 13th month and any tax adjustment.

rjdisidoro wrote:Also, all of my agents were redistributed to other supervisors while I am the only employee put on float.

It's easier to reprofile and transfer agents.

Harder to transfer supervisors because the other programs might not need them or have already enough HC.

Appreciate your advice. Right now the company is faced with quite a number of resignations of supervisors plus they are also posting supervisor openings in JobStreet, I just find it suspicious that they are doing that when they say they have enough TLs.

rjdisidoro wrote:Appreciate your advice. Right now the company is faced with quite a number of resignations of supervisors plus they are also posting supervisor openings in JobStreet, I just find it suspicious that they are doing that when they say they have enough TLs.

Unless you have an excess of supervisors currently not assigned (or already floating) even before the resignation of the others, I don't see how the company will be able to fill in those new openings except by advertising.