2014 (Labor Law) Bar Exam Questions: Question 2

[Answer/discuss the question below. Or see 2014 bar exam Labor Law Instructions; 2014 Labor Law essay and multiple choice Questions: 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

II.

Lucy was one of approximately 500 call center agents at Hambergis, Inc. She was hired as a contractual employee four years ago. Her contracts would be for a duration of five (5) months at a time, usually after a one- month interval. Her re-hiring was contingent on her performance for the immediately preceding contract. Six (6) months after the expiration of her last contract, Lucy went to Hambergis personnel department to inquire why she was not yet being recalled to work. She was told that her performance during her last contract was “below average.” Lucy seeks your legal advice about her chances of getting her job back. What will your advice be? (4%)

7 comments

  1. I will advise Lucy to demand for reinstatement and backwages from Hambergis and if the company refuses the demand, to file a complaint for illegal dismissal with the National Labor Relations Commission. The fact that Lucy has been performing her functions for at least one (1) year gives rise to the presumption that the work she is performing is necessary and desirable to the usual business of the company. She is, therefore, deemed a regular employee. On the other hand, the reason given by the company (below average performance) does not justify illegal termination because there is no showing that it was during a probationary period or that there was compliance with due process requirements for a termination for cause.

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