Acceptable Reasons for Termination
The five potentially fair reasons for dismissal are: capability or qualifications; conduct; redundancy; where continued employment would contravene the law; and “some other substantial reason”. A dismissal can also be constructive, where an employee resigns in response to his or her employer's breach of contract.
In termination for authorized causes, separation pay is the amount given to an employee terminated due to installation of labor-saving devices, redundancy, retrenchment, closure or cessation of business or incurable disease. Separation pay may also be granted to an illegally dismissed employee in lieu of reinstatement.
Typically, employers resort to immediate termination to protect the organization and employees.
If the reasons are not in accordance with company's policies then the employee can be terminated. The employer, however, has the right to terminate services without conducting internal inquiries. But this seldom happens as (s)he then has to justify before the court the reasons for not doing so.
'Summary dismissal' is dismissal without notice and is only allowed for 'gross misconduct'. This is where a situation is serious enough for your employer to dismiss you without warning (for example, for violence).
Valid reasons include:
You can only terminate an employee in the Philippines if you have a just cause or an authorized reason. A just cause can be an employee's unethical behavior or negligence. Legal grounds, on the other hand, are the basis for authorized termination.
Unless your employer violates an employment contract or promises made in a company handbook, or uses the false accusation to cover up an illegal reason for terminating you, there's no law that prevents your employer from terminating you based on a false accusation.
Disease as ground for termination. ... An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
Can you fire an employee for a bad attitude? Although California is at “at-will” state, meaning employment may be terminated by either the employer or employee on notice to the other, that doesn't make an employer bulletproof when relying on its at-will status. ...
What are the most common types of termination letters?
Here are tips for getting fired like a pro:
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