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Hi Free Legal Advice! I was a probationary employee under a local offshoring/recruitment firm and I would like to ask whether my termination is legal or not.
I'm going to tell you about my job application first as I think it will be relevant later.
I underwent two phone interviews with the HR and two Skype interviews, one with the manager and one with the foreign client. I also took a placement exam gauging my English language skills. The HR and manager would later tell me that they were very impressed with my interviews and that I had the highest score in the placement exam. They would also tell me that I was able to beat several candidates who are more experienced than me.
I applied for a data analysis position. My account will be a foreign advertising company. However, during my interview, the client said that my job will be mostly data verification. The manager also asked me about my Excel skills and asked me to rate it on a scale of 1 to 10, with 10 being expert. I told him that I know the basics and a few formulas and gave myself a 6/10 as I did not want to oversell myself. He also asked me if I consider myself as a leader. Again, I don't want to lie and oversell myself so I told him no. He then told me that I should better say yes in case the client asked me the same question.
I also informed the HR, the manager, and the client that I did not have any background or prior experience with advertising or BPOs. (I've only been working for one year and in a completely different industry.) Both HR and manager assured me that someone will teach me the process and that I can learn on the job. As a matter of fact, the HR coached me during my interview with the client. (In retrospect, I believe that was because they desperately wanted someone to get the job. After all, they're a recruitment firm.) Within three days of applying, I got the job.
When I officially started working, I was basically left on my own. During my first day, I was given an orientation by the HR about company culture, activities, etc. but nothing about my job. I also did not hear from the client despite me sending an email that I'm all set.
After a couple of days, I informed my team leader that I still didn't have proper training and that I don't know what to do. Unfortunately, the team leader also have no idea of what my role was supposed to be.
I also noticed that the HR didn't really have a clue about my job details. They kept talking about "crunching numbers" but in reality, I was just doing data entry. The people from the client's side who was supposed to teach me only gave me phase 1 of my training (it was supposed to have 3 phases). I also could not get feedback for the outputs I have sent so far, despite me sending emails everyday asking if they have comments or any tasks they would like me to work on.
On my fifth day, the HR calls me for a meeting. They were saying that I should shorten my learning curve. I told them that I have no problem with learning and that the problem was that I have nothing to learn. They assured me that they will talk to the client and sent me on my way.
The next day, the HR eventually informs me that they're letting me go because of "mismatched skills". Apparently, the client wants someone who is already at an expert level. I asked the HR and the manager if they knew about this and why they hired me in the first place. They said that they hired me because I did very well during my interviews and because of my high test score. They said that they were sorry and that they know I have good potential, that I'll do great things in the future, etc. and that the problem was just the circumstances. I was still crying when the HR made me sign a notice for my termination effective the next day.
They also tried to offer me another position at the company but as a freelancer with a totally different role than what I applied for and with a significantly lower salary. I declined.
Later, I checked my contract and the notice they gave me. The contract only says that they can terminate my probation immediately if I have unsatisfactory performance or if I committed a serious offense. On the other hand, the notice says that the management decided my termination after evaluating my performance. I haven't been given a copy of such evaluation.
Lastly, a former workmate told me that after I left, the team had a meeting with the HR. The HR basically told them that they let me go because I could not handle the pace of the job, that I could not understand instructions, and that my Excel skills are not enough (even though I've already told them about it during the interview).
I have kept screenshots of emails and messages between me, HR, and the client. In my messages, I have kept asking the client on what my daily tasks are and a few questions on how to do things. I have repeatedly asked them to give me anything to work on. They rarely replied to me and even if they did, their instructions were too short or unclear. My teammates and team leader could also attest that I kept asking people on what I should do. I also kept my contract and the notice. I have also recorded the call from HR offering me a different role in the company.
My questions would be:
1. Was the termination legal?
2. Can they terminate me for "mismatched skills"? Does this fall as "terminated for failure to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of the engagement"?
3. Can they evaluate my performance despite me working for just 6 days?
4. Should I demand a copy of the evaluation? What if they don't give it?
5. If they did prove that I was unfit for the job, can I still sue them for the lack of due process in my termination?
6. What evidences do I need to present to strengthen my case?
7. What kind of reparations can I sue them for?
8. If I file a case at the NLRC, will I need a lawyer?
9. Aside from PAO, can you recommend me a group or organization that offers free legal services? Where can I find a lawyer who does pro bono work?
I'm looking forward for all your comments and advice. Thank you for your time.
I'm going to tell you about my job application first as I think it will be relevant later.
I underwent two phone interviews with the HR and two Skype interviews, one with the manager and one with the foreign client. I also took a placement exam gauging my English language skills. The HR and manager would later tell me that they were very impressed with my interviews and that I had the highest score in the placement exam. They would also tell me that I was able to beat several candidates who are more experienced than me.
I applied for a data analysis position. My account will be a foreign advertising company. However, during my interview, the client said that my job will be mostly data verification. The manager also asked me about my Excel skills and asked me to rate it on a scale of 1 to 10, with 10 being expert. I told him that I know the basics and a few formulas and gave myself a 6/10 as I did not want to oversell myself. He also asked me if I consider myself as a leader. Again, I don't want to lie and oversell myself so I told him no. He then told me that I should better say yes in case the client asked me the same question.
I also informed the HR, the manager, and the client that I did not have any background or prior experience with advertising or BPOs. (I've only been working for one year and in a completely different industry.) Both HR and manager assured me that someone will teach me the process and that I can learn on the job. As a matter of fact, the HR coached me during my interview with the client. (In retrospect, I believe that was because they desperately wanted someone to get the job. After all, they're a recruitment firm.) Within three days of applying, I got the job.
When I officially started working, I was basically left on my own. During my first day, I was given an orientation by the HR about company culture, activities, etc. but nothing about my job. I also did not hear from the client despite me sending an email that I'm all set.
After a couple of days, I informed my team leader that I still didn't have proper training and that I don't know what to do. Unfortunately, the team leader also have no idea of what my role was supposed to be.
I also noticed that the HR didn't really have a clue about my job details. They kept talking about "crunching numbers" but in reality, I was just doing data entry. The people from the client's side who was supposed to teach me only gave me phase 1 of my training (it was supposed to have 3 phases). I also could not get feedback for the outputs I have sent so far, despite me sending emails everyday asking if they have comments or any tasks they would like me to work on.
On my fifth day, the HR calls me for a meeting. They were saying that I should shorten my learning curve. I told them that I have no problem with learning and that the problem was that I have nothing to learn. They assured me that they will talk to the client and sent me on my way.
The next day, the HR eventually informs me that they're letting me go because of "mismatched skills". Apparently, the client wants someone who is already at an expert level. I asked the HR and the manager if they knew about this and why they hired me in the first place. They said that they hired me because I did very well during my interviews and because of my high test score. They said that they were sorry and that they know I have good potential, that I'll do great things in the future, etc. and that the problem was just the circumstances. I was still crying when the HR made me sign a notice for my termination effective the next day.
They also tried to offer me another position at the company but as a freelancer with a totally different role than what I applied for and with a significantly lower salary. I declined.
Later, I checked my contract and the notice they gave me. The contract only says that they can terminate my probation immediately if I have unsatisfactory performance or if I committed a serious offense. On the other hand, the notice says that the management decided my termination after evaluating my performance. I haven't been given a copy of such evaluation.
Lastly, a former workmate told me that after I left, the team had a meeting with the HR. The HR basically told them that they let me go because I could not handle the pace of the job, that I could not understand instructions, and that my Excel skills are not enough (even though I've already told them about it during the interview).
I have kept screenshots of emails and messages between me, HR, and the client. In my messages, I have kept asking the client on what my daily tasks are and a few questions on how to do things. I have repeatedly asked them to give me anything to work on. They rarely replied to me and even if they did, their instructions were too short or unclear. My teammates and team leader could also attest that I kept asking people on what I should do. I also kept my contract and the notice. I have also recorded the call from HR offering me a different role in the company.
My questions would be:
1. Was the termination legal?
2. Can they terminate me for "mismatched skills"? Does this fall as "terminated for failure to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of the engagement"?
3. Can they evaluate my performance despite me working for just 6 days?
4. Should I demand a copy of the evaluation? What if they don't give it?
5. If they did prove that I was unfit for the job, can I still sue them for the lack of due process in my termination?
6. What evidences do I need to present to strengthen my case?
7. What kind of reparations can I sue them for?
8. If I file a case at the NLRC, will I need a lawyer?
9. Aside from PAO, can you recommend me a group or organization that offers free legal services? Where can I find a lawyer who does pro bono work?
I'm looking forward for all your comments and advice. Thank you for your time.
