Unjust termination

Dear Atty. Peachy,

I am writing to seek advice regarding my recent dismissal from work. I was employed at a small marketing firm for four years and unexpectedly received a termination notice last week. The notice stated that I was being let go for “poor performance,” but I was never formally evaluated or warned about any issues prior to this decision. I have always received positive feedback from my manager during our casual conversations. In my last performance review about a month ago, I was even praised for my contributions to a major project.

Upon speaking with my HR department, they informed me that because my company has less than 10 employees, they are not required to follow the same protocols as larger firms, and that my employment was “at-will.” I feel this termination is unjust and I have been quite stressed about it as I do not have a steady income now. What rights do I have in this situation? Is there any way to contest my dismissal, or should I simply move on and find another job? I appreciate any guidance you can provide.

Angel

□□□□□

Dear Angel,

Thank you for your message. I can understand how distressing it must feel to unexpectedly lose your job, especially when the reasons for your dismissal seem unclear and unjustifiable.

In the Philippines, the Labor Code provides certain protections to employees, although they can be nuanced, especially concerning small enterprises.

According to Article 283 of the Labor Code, an employee cannot be dismissed without just cause. Poor performance can warrant termination; however, this must be based on documented evaluations and a chance for the employee to improve. If you were not given formal warnings or evaluations, this could potentially be viewed as a violation of your rights.

In cases of termination, the employee has the right to due process, which includes being given an opportunity to respond to the charges against him. The lack of a formal evaluation process, especially when you received positive feedback, raises questions about the legitimacy of your dismissal.

While it is true that smaller companies sometimes have different reporting and procedural requirements, they are still expected to adhere to basic labor laws. The claim that you were employed “at-will” does not negate your rights, especially in a Philippine context where labor laws emphasize the need for just cause in terminations.

One option available to you is to file a complaint with the Department of Labor and Employment if you believe your termination was unlawful. They provide mediation services and can help you navigate the situation. Additionally, documenting your performance and any communications with your manager could bolster your case.

Atty. Peachy Selda-Gregorio