Dear Atty. Maan,

One of our agents faced several disciplinary proceedings due to unaccounted amounts, low sales outputs, unremitted collections, poor performance, etc. As a result, our officers offered him the option of simply resigning and in return, a criminal charge will be no longer be filed against him for the unremitted amounts. Now, he comes after us, alleging that he was illegally dismissed. Is the request for resignation alone be sufficient to deem his dismissal from employment as illegal?

Kimberly

***

Dear Kimberly,

In a case, the Supreme Court held that the company's request for the employee to resign is not tantamount to illegal dismissal.

In the case of Jarabelo v Household Goods Patrons, Inc., G.R. 223163, 2 December 2020, the Court found that other than his allegation, the employee failed to present any proof that he was dismissed from employment. He failed to present any proof of dismissal or that he was prohibited from returning to work.

"In the present case, the Court found that other than his allegation, Jarabelo failed to present any proof that he was dismissed from employment. He failed to present any proof of dismissal or that he was prohibited from returning to work." According to the Court, with his poor performance, Gil was only given the option to resign instead of being dismissed.

"The Court recognized the fact that giving such an option may be done at the discretion of the employer. According to the Court, a decision to give a graceful exit to an employee rather than to file an action for redress is perfectly within the discretion of an employer. It is not uncommon that an employee is permitted to resign to save face after the exposure of his/her malfeasance."

"In the present case, the Court found that Household Goods' act of providing Jarabelo the option to gracefully exit considering his prior good sales performance and out of compassion did not constitute dismissal, legal or illegal. The Court added that although Jarabelo did not resign and take the separation pay offered to him, neither did Household Goods initiate disciplinary proceedings to terminate his employment."