Ina Teves, Organizational Development Consultant

Ina Teves is an organizational development consultant with a change management firm dedicated to making a difference wherever it goes by journeying with the client through the entire process of organizational transformation. Email your questions to ina.b.teves@gmail.com.

Can a Certificate of Employment stating my termination jeopardize my future applications?

Dear Ms. Ina,

I am a single parent with kids. My main concern is that I was issued a Certificate of Employment stating I was terminated. I filed a case with the National Labor Relations Commission and according to them they cannot force my previous company to delete the word “terminated”. I have been falsely accused. It is just difficult to prove my innocence since there will be people who will lose their jobs if they will testify for me. Will this not deprive me of my income? I have to work to support my kids and myself.

The grounds they say which made them dismiss me were (1) I used the HR computer; (2) opened the HR files; and (3) divulged the information that I saw there. We have our own passwords and usernames. I’ve asked technical people if that was possible and according to them there are restrictions for confidential files. God knows I did not even think of doing such thing. I logged-in there to edit a soft copy of a training manual and somebody was there with me when I was editing it. The other ground was I discussed a salary of a co-employee and they said there are several witnesses who overheard me. True, the HR assistant (who I thought was a friend) and I talked about it because that person had plans of resigning. But it seems that when his salary was raised, he changed his mind. During that conversation, nobody was around since it was early in the morning.

In my eight (8) months with that call center, I had never been reprimanded for anything – attendance or work-related issues. I was terminated immediately. There was no written warning whatsoever. If only I have the money to support my kids and myself, I would have pursued a case. But feeding my kids is more important. I only requested for my 13th month and a Certificate of Employment. But the latter might cause me problems.

I want to tell the truth to the company I’ll be applying to but will they believe me?

I hope you can enlighten me on this.

Hoping for your reply.

Fired Out Not Up

Dear Fired Out,

I always believe that telling the truth makes winners of us all.  They would find out sooner or later – and it would not look good if you lied about what happened to you.  Just state the facts as plainly as possible when they ask you.  Also, never lose hope that there will always be people willing to give you a second chance.

Your problem has a legal angle, and for this we consulted with Atty. Jose P. Torres of Unilab’s Employee Relations Group.  Given the details of your case, which you emailed, to us, the following is his personal professional opinion, based on actual experience.  He writes:

The main concern of our letter writer is that he was issued a Certificate of Employment stating that he was "terminated". If he feels aggrieved about this and is firm in his belief that he has not committed any violation of company policy, I would recommend taking the following steps:

1) Write a formal letter to his employer (sent via registered mail and/or courier so that he will have proof of receipt by his employer) clearly stating the grounds as to why his employment should not be terminated. In the same letter, he can request for another meeting to further discuss the matter. This will have the effect of documenting the fact that he is contesting his "termination" and in effect send a message that his right to due process has not been fully accorded to him. Philippine labor law clearly states that before any employee is dismissed/terminated, he/he has the right to be heard, to explain his/his side, and to face his/his accusers. He/he also has the right to be represented by legal counsel during that meeting. Defect or shortcoming in any of the above indicates failure of due process.

2) In case his employer ignores the letter and his right to due process, he has recourse to the Labor Arbiter (for this purpose I will assume that at present his case is at the Mediation stage and is not yet considered a formal complaint/case). In any case, whether in the Mediation meetings or during the Preliminary Conference (when the case is formally filed a Summons is issued to all concerned parties) he can state his position on the matter which will hopefully lead to a mutually beneficial compromise for his and his employer.

3) In case no amicable is resolution is reached after going through Item 2 above, he has ground to pursue a case for Illegal Termination and seek Reinstatement, Backwages, Damages, & Attorney's Fees. The litigation process may take time though as the parties will be required to submit Position Papers (and their respective Replies & Rejoinders) and there are appeal levels that parties may resort to until the case is finally resolved. Some cases of this nature have dragged on for several years. While the case may eventually go in favor of our letter writer in the long term, the short term prospects may prove to be more difficult for him as going through a litigation process is never a pleasant experience.

From a practical standpoint, our letter writer should move on with his career. Even if he eventually gets a favorable ruling in his case, the relationship with his employer has been strained to the point that working relationships may never return to normal and thus prove to be counterproductive. He should now explore other career options/opportunities even as he is pursuing his case and seeking justice. There will always be well-meaning souls, friends, and employers who will be willing to give people like him a chance to prove themselves at work. It is up to him to continue learning, honing skills, and put his best foot forward. Winning the case may well just be the proverbial "icing on the cake".

Thank you for the opportunity to respond to your question/concern.

We hope this has helped you Mr. Fired Out.  I know that your circumstances look depressing, but for the sake of your children, you have to gather up the strength to move past this.  Stop looking at what you cannot do – for example, you cannot go to the Internet café very often to send your resumés, you have no money for newspapers to check out the job openings, etc.  That will only depress you further. 

Every minute you are faced with an “I can’t” situation, pull yourself together and ask: “What is the smallest step I can do this very minute towards my goal?”  Do it and then ask the same question about the next step.  This way you energize yourself. You’ll find that being able to take charge of the smallest thing will give you confidence to do bigger and bigger tasks

From experience, I have found that in situations like this, you also need to create a positive space in your life.  Every night before you sleep, write down all the things that went well and give thanks.  For starters, you woke up alive and well, right?  Isn’t that a blessing for you and for your family? You will notice that the more you are able to notice the littlest good thing that happens to you and those you care about,  the more freedom and courage you have to take the next step.

A long time ago, way back in the dark 70s, my father left his job because he couldn’t stand the way business was conducted at work.  He had no job offers.  It was a bad time to resign –the political and economic climate was depressed. He had three young children to feed and send to school.  He would walk from our place in Cubao to his clients in Greenhills to save on fare money – and maybe because he did not have any.  Whatever money he earned went to paying for our tuition fees – which was usually delayed (and so sometimes, we kids could not get our report card on time). His goal was always clear – that we should finish our college education. This vision kept him going.  He also believed that things would eventually turn out right and always made an effort to look at the bright side of things.  Things did work out well for us two decades or so later because we all finished school.

Something to think about today, from Calvin Coolidge, 30th president of the US:

“Nothing in the world can take the place of Persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan 'Press On' has solved and always will solve the problems of the human race.”

Press On, indeed!