Dear Atty. Vlad,

I am a barista in one of the restaurants in Quezon City rendering work from 1 p.m. to 10 p.m. Before I start my duties in the restaurant, I do sideline work as a rider doing delivery services to help augment the finances of my family.
When the manager of the restaurant found out about my sideline, I was dismissed from my regular job for serious misconduct, pursuant to the prohibition of the Company policy against working with another employer. My rider job did not interfere with my regular job since I make sure that I am already in the restaurant at least 30 minutes before I start my shift.
Was my dismissal valid? Please assist me.

Timothy

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Dear Timothy,

Your manager is wrong and your employer should be held liable for illegal dismissal.

From what you shared, you perform your sideline work before your schedule. In fact, you are already in the restaurant at least 30 minutes before the start of your shift. In addition, your sideline job as a delivery rider did not interfere with your regular job and work schedule in the restaurant.

In the case of Jackqui R. Moreno vs. San Sebastian College-Recoletos, Manila, G.R. 175283, 28 March 2008, the Supreme Court stated:

"In the present case, SSC-R failed to adduce any concrete evidence to prove that Moreno indeed harbored perverse or corrupt motivations in violating the aforesaid school policy. In her letter of explanation to the grievance committee dated 12 November 2002, Moreno explained in detail her role as the breadwinner and the grave financial conditions of her family. As previous requests for permission had already been denied, Moreno was thus prompted to engage in illicit teaching activities in other schools, as she desperately needed them to augment her income. Instead of submitting controverting evidence, SSC-R simply dismissed the above statements as nothing more than a 'lame excuse' and are 'clearly an afterthought, "considering that no evidence was offered to support them and that Moreno's salary was allegedly one of the highest among the universities in the country."