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.
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