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Jingles Dementia

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« on: November 27, 2006, 07:10:29 AM »

hi! was hoping i could get some thoughts, suggestions and legal advice on how to go about addressing the recent ongoings in  my office.  Smiley

as a brief background, i've been working in a relatively small advertising agency for 5 months now. although i'm already at a management position/level (i've already had previous experience in other bigger ad agencies), i agreed to coming in on probationary status for 6 months.

i just found out a few days ago that my company decided not to make me permanent on account of "non-suitability" for the job they initially hired me for. they did offer to reassign me to one of the smaller subsidiary companies on another job responsibility on a lateral transfer - but the fact remains that they basically just concluded within 5 months that I was "not performing", in spite of evidence to the contrary.

further investigation led me to discover that in actuality, the company is just in hot water financially, and is in dire need of cost-cutting measures. i found out too from reliable sources that a week prior to them breaking the news to me that they were in fact evaluating each and every employee, and looking for possible ways to terminate employment with whoever they felt was "not performing".

i just concluded by natural consequence that i was actually the easiest to get rid of -- (a) i'm not yet permanent (b) my department does not directly translate to instant revenue (c) since i'm already in a management position, getting rid of me would mean significantly more savings salary-wise compared to that of a rank-and-file employee.

i still feel though the "dismissal" was uncalled for and unsubstantiated. 
in light of this, i looked up the labor code and noticed that employees on probationary status don't have that much protection -- save through contracts that may have been signed between the employee and the employer.

sooo.... after the long introduction, i just wanted to know ---

(a) does a probationary employee have potential grounds to file a lawsuit against his/her company in instances such as this?

(b) i signed a pre-employment contract that (in my point of view) was not honored -- or if it was honored, it was reinterpreted in a manner that benefits them and not the employee. is something like this strong enough to hold in court?

(c) are there also grounds for breach of procedure, considering that procedure dictates before an employee can be "terminated" from a company, a formal, written notice must be made at least 3 months prior -- which I never had.

would appreciate your thoughts on this -- i'm still at a loss at to what to do. they're allowing me to stay on and finish my 6 month probie period, but i don't see the point of staying on if nothing i do will amount to anything anyway.

thanks in advance!  Smiley
« Last Edit: November 27, 2006, 07:13:25 AM by Jingles Dementia » Logged
Jun Binghay
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« Reply #1 on: November 28, 2006, 01:12:30 AM »

any of our resident lawyers in here care to comment for free with regards to ms jingles' issue?  i sure hope someone will care to comment on this.


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