loss of confidence and trust part2

Hi I registered to seek legal advice on my employment situation. How I wish I discovered this site earlier but nevertheless. I work for a Singaporean company here in the Phils. I report to the Country Mgr who is a Filipina but I coordinate with Singaporean counterparts. I hold a Marketing Mgr post. I run a department but ironically for a year, I was running the dept alone. 6 mos of my probation period, I was evaluated and recived an outstanding grade, 85%, of which my Country Mgr said was the highest garnered by any employee. Still alone, I would have several peptalks with my boss that everything is overwhelming add to the involvement of Singaporeans's demanding requirements. Tru enough my work and perfromance suffered. Then came my perf eval based on Balanced Scorecard, I got a poor grade and during the meeting, I was asked if Im still interested to join. I kinda read up and anticipated they will terminate me on that day and was ready to bring up the 'illegal dismissal' word. I said Im still interested, they asked me to write and explain why they should still consider me and was given 5 days rest. At that time I was still clueless that I was undergoing the legal proceedings towards termination. When I received the letter from HR, it was there that they named it as 'loss of trust and confidence' and that I should explain why I should not be penalized. Im in between, giving it a fight versus resign so I can move on. Because after all this, I cant see myself working with them anymore. I have no problem with my immediate boss but I feel she's just a dummy. In the first place I was justifying to the Singaporeans who are not even my immediate superior. Sorry this was long. Thanks in advance

what were supposed your faults which they consider the basis for the loss of trust and confidence?

Thanks moderator for your reply.
Poor performnace based on Balanced Scorecard but in the memo letter issued to me, it was not explicit. What was mentioned was in verbatim "As the head of a department, we find your poor performance rating to be unacceptable. As a Marketing Manager, you are expected to deliver a very satisfactory performance in every aspect of your key performance areas but unfortumately, you failed to do so. A manager is a repository of trust and confidence and you are expected to meet and deliver such expectations."

to my mind, one poor performance rating should not be sufficient basis for loss of trust and confidence. there has to be a betrayal of the trust and confidence.

if you are going to resign, i recommend you negotiate a graceful exit.

thanks moderator
I submitted my reply to their memo about the 'loss of trust and confidence' basis. It was a 6-page letter mostly highlighting my achievements despite singlehandedly running the dept. I think it sounded well-crafted and hinted some legal aspects on it. HR just texted me (ironically our HR didnt sign the memo but just the Country Mgr (who revealed to me she's just forced and pressured to sign it and look like she did letter, Im quite close to her) and the Singapore counterpart. Singaporeans would like to set meeting with me. HR hinted they might bargain. Questions:
1. If so, can I demand say 3 mos salary? The mere fact that theyre considering for settlement means they dont want to bring this to labor (im presuming). Can they insist say, stay until end of June and just 1 month salary? Can I say, 1 month might not be enough for me to find another job and considering this is illegal dismissal
2. What exactly do you mean by graceful exit? Of course I also would want proper endorsement for background check when i move to a new employment
3. What if during meeting they wont bend down, what is the next move?

you can demand anything. it all depends whether they will agree.

graceful exit is resignation with clear record.

you will have to decide whether you will accept their demands or be willing to fight it out in a case.

AttyLLL thank you very much to you and to this site. You have helped me in ways you could just imagine. It was a solo battle, my boss practically gave up all inch of standing up for you. Was left to defend myself against SG. They treat us like stupid pipol.

To update you the deliberation run in accordance to due process - they finally read the labor code. Funny they didnt bring up the termination word instead psyche me that company is doing me a favor by resigning and was offered 1mo salary. I bargained and eventually agreed for a 3mos salary plus graceful exit - this is prorated of 13mo right? Should there be a letter abt the graceful exit? As if the hurdles wont stop they want me to turnover files right there and then and asked to submit resignation paper within the day. I retaliated of course. Instead wrote a letter to HR to give me a letter stipulating what was dscussed afterwhich i submit letter of resignation. Gusto ko sana kaliwaan give me the package then i give letter. Did i miss out anything? Just got text from HR that my clearance will be processed and financial pckage be released once i submit resignation letter. This is where im unsure as to give R letter or insist financial package be given in lieu of R letter

Follow up. I read up that i can still file for illegal dismissal even if i resigned? There is actually a premeditated act to oust me. Even before i was evaluated for my perf, i saw a jobpost with my same position title, jobscope. Also i was deliberately cut off from the system, asked my staff not to cc me on emails, and exclude me to various mktg efforts.

i would not advise you to file resignation, accept the money, then file illegal dismissal. they would use that against you.

you can put in your resignation letter the amount you are expecting to receive and that it is your reason for resigning.

Hi moderator. Its been a crazy week for me after my last post. I could not categorically say it has a happy ending but i was able to give a good fight. I was on a meeting with my immediate superior, HR mgr and the 2 Singaporeans. They sort of read the verdict. Prior to that I already brought me action plans should they decide on dismissing me. True enough they want me to resign, again - loss of trust and confidence. I went into almost heated debate with our HR because I kept on stressing that the 'loss of trust...' be expounded: did i commit any misconduct, was i dishonest, etc.. They kept on reiterating theyre not terminating me but it would be better to resign. The management 'feels' (subjective) I dont fit on their reqts. To cut it short, I bargained for financial package, bargaining ended with 3 months pay. I was thinking of really moving out and moving on. On the very same day I requested that I will file resignation once I have the check and clearance duly signed. After the talk, the Sinagporeans went harassing me asking me to do on the spot turnover and hounded me to submit the resignation letter. I stood firm to only submit once I have what Im demanding. Wednesday came, they were ready to give the check and the clearance. Again harassed me to get the letter because their big bosses will be announcing a restructure and me still being connected will spoil the plot. harassed and all I managed to be brave enough to insist that my clearance be signed first. I was ready to call my lawyer friend. Worth mentioning, my access to entry and system and email and all were cut even before the talk. I had it all documented just in case. I loathed my Filipino counterparts. they left me alone and even begged me not to negotiate and discouraged me to the bones. That day was also a very emotional one because i realized they kept my personal stuff and hid them. I learned about it when my boss released the items. I was so mad and confronted them. What couldve been a decent and quiet agreement blew out of proportion. They treated me like a criminal. As soon as I handed over my letter, I was allowed to stay less than 30mins. Not enough time to grab my things and bid farewell. I want to file for harassment and constructive dismissal because of premeditated plot to terminate me even way before my evaluation period. So as to stop this wrong process and for my colleagues who were left behind. Funny I learned that some of the managers of my same level even got a low grade and yet Im the one asked to leave. Will it still be worth it to file? I just felt its an issue between us Filipinos and them. They branded Filipinos as inferior to them and theyre also plotting the same thing to the rest left behind. It left me anxious and traumatic. Ive never been humiliated and harassed like this.

did you get the money? if you did, move on.