Due process termination is the legal way to terminate an employee. Without due process, the employer will be liable for illegal dismissal, full backwages, reinstatement, separation pay if reinstatement is not feasible, moral and exemplary damages, nominal damages, and attorney’s fees. Illegal dismissal could result in a huge monetary award.
An employee’s guilt or innocence in a criminal case is not determinative of the existence of a just or authorized cause for his dismissal.
G.R. No. 205453, 05 February 2014
Complainant Harland B. Kemplin initiated a labor complaint against his employer defendant United Tourist Promotions (UTP), and its sole proprietor defendant Ariel D. Jersey. Sometime in 1995, Complainant and the late Mike Dunne formed UTP with the help of two American expatriates. In 2002, UTP engaged Complainant to be its President for five years. Even after the period, Complainant retained his position. In 30 July 2009, UTP sent Complainant a letter informing him of the lapse of his contract and its non-renewal resulting in his no longer being employed. Further, the letter directed Complainant to cease and desist from entering the premises due to the various criminal cases filed against him arising of his “inhuman treatment… of the rank and file employees, which caused great damage and [prejudice] to the company.”