Due Process Termination: How to Legally Dismiss an Employee

A labor complaint for illegal dismissal creates a lot of problems for a business.
With a finding of illegal dismissal, an employee may be awarded reinstatement, full back wages, moral damages, exemplary damages, nominal damages, and attorney’s fees. These could be a huge monetary liability against the company.

Worse, the professional manager may be solidarily liable with the employer for these amounts. Illegal dismissal is, thus, not just a concern of the employer but of the human resource practitioner.

This book on Due Process Termination: How to Legally Dismiss an Employee with Best Legal Practices aims to provide a quick easy reference and guide on the proper way to imposing disciplinary actions, including termination.

DUE PROCESS TERMINATION
How to Legally Dismiss an Employee with Best Legal Practices

Part 1: Why is due process termination important?

Chapter 1: Concept of due process termination
Two kinds of due process: substantive and procedural
Social justice
Employment as a property right
Security of tenure
Management prerogative limited

Chapter 2: Illegal Dismissal, Result of No Due Process
Reinstatement
Full back wages
Moral damages
Exemplary damages
Nominal damages
Attorney’s fees
Solidary liability of professional managers with employers

Part 2: Substantive Due Process

Chapter 3: Just Causes
Serious misconduct or willful disobedience
Gross and habitual neglect
Fraud or breach of trust
Commission of a crime
Other analogous causes

Chapter 4: Authorized Causes
Installation of labor saving devices
Redundancy
Retrenchment
Closure of establishment
Disease of an employee

Chapter 5: Other Legal Causes
Failure of probationary employee to qualify
Termination of project/undertaking for a project employee
End of season for a seasonal employee
Lapse of period for a fixed-term employee

Part 3: Procedural Due Process

Chapter 6: The 1st Written Notice
Requirements of a 1st Written Notice
Notice to explain not sufficient
Proof of service required

Chapter 7: The Opportunity to be Heard
Written reply sufficient, administrative hearing optional
5-day rule for opportunity to be heard
Documentation for administrative hearing

Chapter 8: The 2nd Written Notice
Requirements of 2nd written notice
Proof of service required
Clearance process
Release, Waiver, and Quitclaim

FAQs
References