Dear Attorney,

I would like to seek your advice regarding my recent dismissal from work. Nine months ago, I assisted in filling out quitclaim forms for former employees by writing their names, addresses, and the amounts they were supposed to receive. The admin head instructed me to do this to maintain uniformity in penmanship for all the forms. However, recently, when I informed my employer that I was returning from maternity leave, they reopened the matter and implicated me as an accessory to document falsification, which they are pursuing against the admin head.

Without any prior warnings or investigation, I received three Notice to Explain (NTE) letters in consecutive days, and on the fourth day, I was dismissed. I believe this was an inappropriate and rushed dismissal process, especially since the issue occurred months ago, and I was on maternity leave when they took this action. Was due process followed in this case, and do I have grounds to contest my dismissal?

Sincerely,
Concerned Employee

Insights

In the Philippines, employers are required to follow strict procedural and substantive due process before dismissing an employee. Based on the information you’ve shared, there are several key points to examine in assessing whether the dismissal was valid:

Timing and Reopening of the Case:
The alleged document falsification incident occurred nine months ago. The employer's sudden reopening of this case when you were set to return from maternity leave raises questions. Under Philippine labor law, employers are expected to address offenses in a timely manner, not several months after they occurred, unless there are valid reasons for the delay. The timing of the dismissal after your maternity leave could be construed as retaliatory, which may strengthen your case against wrongful dismissal.
Maternity Leave Protections:
The law protects employees on maternity leave from unfair dismissal. Article 135 of the Labor Code, as amended by the Expanded Maternity Leave Law, prohibits the termination of an employee on the grounds of pregnancy or during maternity leave, except for just or authorized causes. If there is no concrete evidence that you committed any gross misconduct, this dismissal may violate your rights as an employee on maternity leave.
Due Process Requirements:
The procedural due process in labor cases requires the employer to serve two written notices:
- The first notice informs the employee of the specific grounds for dismissal, and the employee is given a reasonable opportunity to explain.
- The second notice serves as a formal decision to dismiss the employee, issued only after a fair hearing or investigation.
In your case, it seems that three NTEs were issued in rapid succession, followed by immediate dismissal on the fourth day. This rushed process may not meet the required standard of reasonable opportunity for you to defend yourself, indicating a possible violation of procedural due process. Moreover, the law prohibits dismissal based on suspicion or the mere implication that you were an accessory without presenting concrete evidence of your involvement.
Falsification and Negligence:
While falsification of documents and negligence are valid grounds for termination, the burden of proof lies with the employer. The fact that your admin head directed you to fill out the forms undercuts the claim of falsification. If you were simply following instructions, and there is no evidence of malicious intent or willful neglect on your part, the allegation of negligence would be difficult to sustain.

Given these points, you may have valid grounds to file a complaint for illegal dismissal before the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC). You may also be entitled to reinstatement without loss of seniority rights, full back wages, and other damages. We recommend consulting with a labor lawyer to explore your options and proceed with the appropriate legal steps.