Dear Atty. Peachy,

I have been employed as a sales associate at a local retail store for the past two years. I generally received positive feedback from my supervisors and met sales targets consistently. Last week, however, I was called into a meeting with my manager and the HR representative, where I was informed that my employment was being terminated effective immediately. The reason given was “poor performance,” which took me by surprise as I had not received any prior warnings or performance reviews indicating such issues.

To add to my confusion, during my time at the store, I noticed that several employees had been laid off under similar circumstances, also without prior warnings. I suspect that this might be a pattern of behavior from the management, and I fear that I might be part of an unjust termination process.

I would like to know: Does an employer in the Philippines have the right to terminate an employee without warning or a valid cause? What steps can I take to protect my rights?

Mark

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Dear Mark,

Your experience raises important questions regarding employment rights in the Philippines, specifically surrounding termination practices under the law.

Under the Philippine Labor Code, employees are entitled to security of tenure, which means they can only be dismissed for just or authorized causes. For an employee to be lawfully terminated, the employer must either provide a just cause, such as serious misconduct, willful disobedience, or gross negligence, or follow the prescribed procedure for termination based on authorized causes, such as redundancy or business downturn.

In your case, being dismissed for “poor performance” without prior warnings sounds inherently problematic. The absence of a performance evaluation or prior indications of dissatisfaction with your work might indicate a potential violation of your rights. The law requires employers to follow a procedure that includes giving employees a chance to respond to any allegations of misconduct or poor performance before moving toward termination. This process is known as “due process.”

Gather any relevant documents such as employment contracts, performance reviews, warning letters (if any), and any communications regarding your performance or termination. You have the option to file a complaint with the National Labor Relations Commission for illegal dismissal.

I hope this helps clarify your situation. Please do not hesitate to reach out if you have any further questions or require additional assistance.

Atty. Peachy Selda-Gregorio