Procedure in Firing an Employee for a Just Cause

Christian Andrew Labitoria Gallardo[1]and Atty Renato Magbalon III[2]

In movies, and most especially in cartoons, firing an employee may seem such an easy thing to do. A hot headed boss who could not tolerate the mistakes of an employee can, at a whim, remove an employee from the payroll. Legally tho, is it right? In the first installation of this article, we have discussed the different just causes of termination prescribed by the Labor Code. As promised, in this second installment, we shall discuss the proper procedure for terminating an employee, as well as their rights, if any, to a final pay.

Terminating an employee based on a just cause requires two written notices with an opportunity to be heard in between, usually in the form of a conference with the superiors. Let us break it down in a step-by-step procedure.

First Written Notice