Pasok ba ito sa illegal dismissal?

Hi everyone, long post ahead pero gusto ko lang humingi ng advice/insights niyo kasi grabe yung anxiety ko ngayon. Hindi ko alam kung grabe ba talaga yung harassment sa akin or sadyang malas lang ako sa naging employer ko.

I was hired directly from US company via independent contractor last year pero nag establish na sila ng PH entity here sa Pinas so technically, nag babayad na sila ng government mandated benefits. Sa contract ko, 3 months lang ang probationary period starting Jan 1, 2026. Lumagpas na ako ng March 31 nang walang performance evaluation or any extension contract, so technically by operation of law, regular employee na ako.

Kaso recently, nagkaroon ako ng health issues. Na-consume ko yung 15 paid sick leaves ko sa loob lang ng kalahating taon. Mind you, LAHAT ng absences ko may valid Medical Certificates at sinisend ko on-time sa HR/Supervisor. Pero itong US HR at yung local PH acting supervisor ko, tinatrato nilang "unexcused" at absenteeism yung pagkakasakit ko. For the past few weeks, puro pananakot sa chat and email na ite-terminate ako ang ginagawa nila sa halip na mag-issue ng formal Notice to Explain (NTE).

Kahapon, nagkaroon ako ng biglaang family emergency. My shift starts at 12:00 PM PHT. As a responsible employee, nag-message ako sa PH acting supervisor ko ng 10:54 AM more than an hour before my shift para magsabi na male-late ako. Nag-thumbs up naman yung supervisor ko sa notice ko.

Akala ko okay na. Nag-log in ako para magtrabaho. Tapos nagulat ako, sa gitna ng shift ko, biglang nag-email yung US HR Director ng 8:44 PM PHT (8:44 AM EST) stating: "We are terminating your position effective immediately." Kasabay ng email na 'yun, tinanggalan na agad ako ng access sa Hubstaff (time tracker) habang nagtatrabaho ako! Walang NTE, walang Administrative Hearing, walang kahit ano. Fired on the spot mid-shift.

May iba pa silang violations tulad ng palaging na delayed payroll simula pa noong February (laging rason is "bank issue") pag sinabi kong delay, lagpas na talaga sa araw kung kelan kami sasahod based on the contract at sapilitang "holiday swapping" kung saan pinapasunod kami sa US EST holidays imbis na PH holidays (e.g. yung June 12 na Independence Day, ginawa nilang June 11 para sumabay sa timezone nila).

Basta, wala akong natanggap na NTE eversince. No admin hearing as well. Just a simple email and that’s it. Terminated na ako.

Nag-file na ako ng SEnA case sa DOLE kanina,

Gusto ko lang itanong sa mga HR experts or labor law enthusiasts dito:

  1. ⁠Pasok na pasok ba 'to sa Illegal Termination / Dismissal case?

  2. ⁠May habol ba sila sa rason nilang "absenteeism"

  3. ⁠Tama lang ba na ituloy ko 'to sa DOLE kahit may PH lawyer representative sila?

Appreciate any insights or legal thoughts you can share. Thank you!

reddit.com
u/Civil-Beautiful-3172 — 5 days ago

Pasok ba ito sa illegal dismissal?

Hi everyone, long post ahead but I just want to ask for your advice/insights because my anxiety is really bad right now. I don't know if the harassment is really bad or I'm just unlucky with my current employer.

I was hired directly from a US company via independent contractor last year but they have established a PH entity here in the Philippines so technically, they are paying government mandated benefits. In my contract, the probationary period is only 3 months starting Jan 1, 2026. I passed March 31 without a performance evaluation or any extension contract, so technically by operation of law, I am a regular employee.

Recently, I had health issues. I used up my 15 paid sick leaves in just half a year. Mind you, ALL my absences have valid Medical Certificates and I send them on-time to HR/Supervisor. But this US HR and my local PH acting supervisor, they treat my illness as "unexcused" and absenteeism. For the past few weeks, all they have done is threaten me via chat and email that they will terminate me instead of issuing a formal Notice to Explain (NTE).

Yesterday, I had a sudden family emergency. My shift starts at 12:00 PM PHT. As a responsible employee, I messaged my PH acting supervisor at 10:54 AM more than an hour before my shift to say that I would be late. My supervisor gave a thumbs up to my notice.

I thought it was okay. I logged in to work. Then I was surprised, in the middle of my shift, the US HR Director suddenly emailed me at 8:44 PM PHT (8:44 AM EST) stating: "We are terminating your position effective immediately." Along with that email, I was immediately removed from Hubstaff (time tracker) while I was working! No NTE, no Administrative Hearing, nothing. Fired on the spot mid-shift.

They have other violations such as consistently delayed payroll since February (always the reason is "bank issue") when I said delay, it was actually past the day we were supposed to be paid based on the contract and forced "holiday swapping" where we were made to follow US EST holidays instead of PH holidays (e.g. June 12, Independence Day, they made it June 11 to match their timezone).

Just that, I haven't received an NTE eversince. No admin hearing as well. Just a simple email and that’s it. I’m terminated.

I filed a SEnA case with DOLE earlier,

I just want to ask the HR experts or labor law enthusiasts here:

  1. Is this already included in the Illegal Termination / Dismissal case?
  2. Do they have a case for their “absenteeism” reason?
  3. Is it right for me to pursue this with DOLE even though they have a PH lawyer representative?

Already gathered screenshots lahat ng email nila mula sa pananakot iterminate ako, until i-terminate ako via email lang. Also, may screenshots din ako ng chat na delayed sila sa pasahod and about holiday swapping.

Just wanted to ask as well if is this a winning case against them?

Appreciate any insights or legal thoughts you can share. Thank you!

reddit.com
u/Civil-Beautiful-3172 — 5 days ago

Need Insights : Pasok ba ito sa illegal dismissal?

Hi everyone, long post ahead but I just want to ask for your advice/insights because my anxiety is really bad right now. I don't know if the harassment is really bad or I'm just unlucky with my current employer.

I was hired directly from a US company via independent contractor last year but they have established a PH entity here in the Philippines so technically, they are paying government mandated benefits. In my contract, the probationary period is only 3 months starting Jan 1, 2026. I passed March 31 without a performance evaluation or any extension contract, so technically by operation of law, I am a regular employee.

Recently, I had health issues. I used up my 15 paid sick leaves in just half a year. Mind you, ALL my absences have valid Medical Certificates and I send them on time to HR/Supervisor. But this US HR and my local PH acting supervisor, they treat my illness as "unexcused" and absenteeism. For the past few weeks, all they have done is threaten me via chat and email that they will terminate me instead of issuing a formal Notice to Explain (NTE).

Yesterday, I had a sudden family emergency. My shift starts at 12:00 PM PHT. As a responsible employee, I messaged my PH acting supervisor at 10:54 AM more than an hour before my shift to say that I would be late. My supervisor gave a thumbs up to my notice.

I thought it was okay. I logged in to work. Then I was surprised, in the middle of my shift, the US HR Director suddenly emailed at 8:44 PM PHT (8:44 AM EST) stating: "We are terminating your position effective immediately." Along with that email, I was immediately removed from Hubstaff (time tracker) access while I was working! No NTE, no Administrative Hearing, nothing. Fired on the spot mid-shift.

They have other violations such as consistently delayed payroll since February (always the reason is "bank issue") when I said delay, it was actually past the day we were supposed to be paid based on the contract and forced "holiday swapping" where we were made to follow US EST holidays instead of PH holidays (e.g. June 12, Independence Day, they made it June 11 to match their timezone).

Just that, I haven't received an NTE eversince. No admin hearing as well. Just a simple email and that’s it. I’m terminated.

Already gathered screenshots lahat ng email nila mula sa pananakot iterminate ako, until i-terminate ako via email lang. Also, may screenshots din ako ng chat na delayed sila sa pasahod and about holiday swapping.

I filed a SEnA case with DOLE earlier,

I just want to ask the HR experts or labor law enthusiasts here:

  1. Does this fall under the Illegal Termination / Dismissal case?
  2. Do they have a case for their “absenteeism” reason?
  3. Is it right for me to pursue this with DOLE even though they have a PH lawyer representative?

Just wanted to ask as well if is this a winning case against them?

Appreciate any insights or legal thoughts you can share. Thank you!

reddit.com
u/Civil-Beautiful-3172 — 5 days ago

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u/Civil-Beautiful-3172 — 1 month ago