Dear Atty. Gab,

Musta Atty! I hope this email finds you well.

I’m writing to you today because I’m in a really confusing situation at work, and I could really use your legal expertise. I recently started a new job as a marketing assistant for a small company. I was so excited because it seemed like a great opportunity, and I really needed the work. My contract stated that I was on probation for six months. Everything was going fine, or so I thought. I was always on time, did my tasks, and tried my best to learn everything quickly.

Then, just last week, barely three months into my probation, my boss called me into his office. He told me that my performance wasn’t meeting their expectations and that they were letting me go. He said it was because I was still under probation, so they could terminate me without much issue. I was shocked! They never gave me any specific feedback before, no warnings, no performance reviews, nothing! I asked what exactly I was doing wrong, but he was very vague, just saying I wasn’t a good ‘fit’.

Atty, is this even legal? Can they just fire me like that during probation without telling me what standards I was supposed to meet or how I was failing? It feels incredibly unfair, and now I’m jobless again. I’m really stressed and unsure of what my rights are in this situation. Any guidance you could offer would be a huge help.

Thank you so much for your time and consideration.

Sincerely,
Juan Dela Cruz

Dear Juan Dela Cruz,

Musta Juan! Thank you for reaching out. I understand your distress regarding your recent termination during probation. It’s indeed a confusing and unsettling experience when you feel dismissed without clear reasons or a fair process. Let me assure you that Philippine labor law provides protections even for probationary employees, and your employer’s actions might not be as straightforward as they presented.

In essence, while probationary employment allows employers to assess an employee’s suitability, this period is not a free pass for arbitrary dismissal. Employers must still adhere to certain legal standards, particularly regarding the communication of performance expectations. It’s crucial to understand that probationary employees have rights, and terminations must be based on just cause or failure to meet clearly communicated, reasonable standards for regularization.

Fair Trial, Even on Probation

The crux of the matter lies in whether your employer properly informed you of the standards you needed to meet to transition from probationary to regular employee status. Philippine jurisprudence is clear: even probationary employees are entitled to security of tenure, albeit conditional. This means that termination during probation is not automatically valid. An employer cannot simply claim ‘failure to meet expectations’ without demonstrating that these expectations were clearly communicated to you from the outset.

The Supreme Court has consistently held that for a probationary employee’s termination to be considered valid due to failure to meet standards, these standards must be reasonable and made known to the employee at the start of their engagement. As Article 281 of the Labor Code states, a probationary employee can be terminated if they fail to qualify as a regular employee “in accordance with reasonable standards made known by the employer to the employee at the time of his engagement.”

“Probationary employees, notwithstanding their limited tenure, are also entitled to security of tenure. Thus, except for just cause as provided by law or under the employment contract, a probationary employee cannot be terminated.”

This principle underscores that the probationary period is not merely an opportunity for the employer to assess the employee, but also a period during which the employee has the right to understand the benchmarks for regularization. Vague pronouncements or unarticulated expectations are insufficient grounds for termination during probation.

“As explicitly provided under Article 281 of the Labor Code, a probationary employee may be terminated on two grounds: (a) for just cause or (b) when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement.”

Furthermore, the burden of proof rests on the employer to demonstrate that these standards were indeed communicated and that the employee failed to meet them. In your case, if your employer did not provide you with clear, objective performance standards at the beginning of your employment, their claim of ‘not meeting expectations’ becomes questionable. The absence of documented standards and feedback mechanisms weakens their justification for termination.

The concept of ‘voluntary consent’ also becomes relevant, particularly if you were asked to sign any documents related to your termination. Philippine courts are wary of quitclaims or releases, especially when signed by employees in vulnerable situations. If you were pressured into signing a termination letter without fully understanding your rights or feeling you had no other choice, such documents may not be considered as truly voluntary and could be challenged.

“In labor jurisprudence, it is well established that quitclaims and/or complete releases executed by the employees do not estop them from pursuing their claims arising from the unfair labor practice of the employer. The basic reason for this is that such quitclaims and/or complete releases are against public policy and therefore, null and void. The acceptance of termination pay does not divest a laborer of the right to prosecute his employer for unfair labor practice acts.“

This highlights that simply signing a termination document does not automatically waive your rights, especially if there are underlying issues of unfair labor practices. The courts prioritize substance over form, particularly in labor disputes, to protect the rights of employees.

Practical Advice for Your Situation

• Document Everything: Gather all documents related to your employment, including your employment contract, any communication about performance expectations (or lack thereof), and the termination letter.
• Recall Initial Discussions: Think back to your initial job interview and onboarding. Were specific performance standards for regularization discussed? If so, were they clearly defined and reasonable?
• Seek Clarification (Formally): Consider sending a formal letter to your employer requesting clarification on the specific performance standards you allegedly failed to meet and how your performance was evaluated against these standards. This can create a record of your attempt to understand the basis for your termination.
• Consult with a Labor Lawyer: Given the complexities of labor law, it’s highly advisable to consult with a labor lawyer. They can assess your situation in detail, advise you on your legal options, and represent you if you decide to pursue a case for illegal dismissal.
• Consider Filing a Complaint: If, after consultation, it appears your termination was indeed illegal, you can file a complaint for illegal dismissal with the National Labor Relations Commission (NLRC).
• Understand Your Deadlines: Be mindful of the time limits for filing labor complaints. It’s crucial to act promptly to preserve your legal rights.
• Explore Mediation: Before resorting to litigation, consider exploring mediation or conciliation through the Department of Labor and Employment (DOLE). This can be a less adversarial and potentially quicker way to resolve the issue.

Juan, based on the information you’ve provided, it seems there are grounds to question the legality of your termination. The lack of clearly communicated performance standards is a significant point in your favor. Remember, you have rights as an employee, even during probation. Don’t hesitate to seek professional legal advice to explore your options further.

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.