When is a dismissal illegal?
Under the Labor Code, an employee may be dismissed only for a just cause (such as serious misconduct, willful disobedience, gross and habitual neglect, fraud, or breach of trust) or an authorized cause (such as redundancy, retrenchment, closure, or disease). The employer must also follow due process.
For dismissals based on just cause, due process generally requires the twin-notice rule: a first notice stating the charges and giving the employee a real opportunity to explain, and a second notice stating the decision. Dismissals for authorized causes require written notice to the employee and to DOLE in advance, and often separation pay.
Cases we handle
- Illegal and constructive dismissal
- Unpaid wages, overtime, holiday pay, 13th month pay, and other money claims
- Disputes over quitclaims and final pay
- Regularization and labor-only contracting issues
- Employer compliance: notices, investigations, and termination procedures
- Appeals to the NLRC Commission and petitions before the Court of Appeals
How a labor case usually moves
- Single Entry Approach (SEnA). Most labor claims first go through a mandatory 30-day conciliation and mediation period, where many disputes are settled.
- Complaint before the Labor Arbiter. If there is no settlement, a complaint is filed with the NLRC regional arbitration branch.
- Mandatory conference and position papers. The parties attend conferences, then submit position papers with their evidence.
- Decision. The Labor Arbiter decides the case, usually based on the position papers and evidence submitted.
- Appeal. A decision may be appealed to the NLRC Commission within ten calendar days of receipt. Employers appealing a monetary award must post a bond. Further review may be sought before the Court of Appeals.
What an employee may recover
If a dismissal is found illegal, the employee is generally entitled to reinstatement without loss of seniority and full backwages. When reinstatement is no longer viable, separation pay may be awarded instead. Unpaid wages and benefits, damages in proper cases, and attorney's fees may also be claimed.
What to bring to your consultation
- Employment contract, appointment papers, or company ID
- Payslips and proof of salary
- All notices, memos, and termination letters you received
- Any quitclaim or release you signed or were asked to sign
- Messages or emails about your dismissal
Frequently asked questions
How long do I have to file an illegal dismissal case?
An action for illegal dismissal generally prescribes in four years from the date of dismissal. Money claims generally prescribe in three years from when the cause of action accrued. Filing early is better, because evidence and witnesses become harder to gather over time.
Do I need to go through SEnA first?
Most labor and employment claims go through the Single Entry Approach, a 30-day conciliation and mediation process, before a formal complaint is filed. Some cases are exempt.
I signed a quitclaim. Can I still file a case?
Possibly. Quitclaims are looked at closely. A quitclaim may be disregarded if it was not voluntarily executed, if the consideration was unconscionably low, or if the terms are contrary to law. Bring the document to your consultation.
What is constructive dismissal?
Constructive dismissal happens when an employee is forced to resign because continued employment has become impossible, unreasonable, or unlikely, for example through a demotion, a pay cut, or harassment. It is treated like an illegal dismissal.
We are an employer. Can you help us dismiss an employee properly?
Yes. We assist employers with investigations, notices, and termination procedures so that disciplinary action follows the law, and we defend companies in NLRC proceedings.