Dear Atty. Kathy,

A production manager in our company suddenly just told me during a conversation that I should not report for work anymore starting immediately since I was included in the list of operators who will not be employed anymore. When I texted my team leader about it, she texted back that she also just learned about the list and management’s decision to terminate my employment, and that she could not do anything about it. I talked to the HR Manager about this because I felt I was being dismissed without due process, but she said that based on records I voluntary resigned when I went on AWOL for several days. However, I did not submit any resignation letter though I was absent because my leave was not approved. The HR manager then said that I have no proof that I was dismissed since I could not even give the name of production manager who allegedly said that I was already dismissed. Is she correct?

Karl

***

Dear Karl,

It is an established rule that the employer bears the burden of proof to prove that the employee’s dismissal was for a valid or authorized cause. However, the employee must first establish by substantial evidence that indeed he or she was dismissed. If there is no dismissal, then there can be no question as to the legality or illegality thereof.

Based solely on your narration, the production manager told you that you will not report for work and will not be employed anymore; and you have text messages with your team leader who mentioned about management’s decision to terminate your employment.

While you could not give the name of the production manager who told you that you should not report for work and will not be employed anymore, it could be gathered from your text messages with your team leader that you were indeed included in the list of operators who will not be employed anymore. As ruled by the Supreme Court, the foregoing is substantial evidence to support the fact of your dismissal from employment. The name of the specific production manager who verbally terminated your employment or placed you in the list of those to be dismissed is inconsequential. Thus, the HR Manager is not correct in saying that there is no proof that you were dismissed.

(Edna Luisa B. Simon versus The Results Companies, et al., G.R. No. 249351-52, 29 March 2022)

Atty. Kathy Larios