This case has been cited 3 times or more.
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2008-02-13 |
VELASCO JR., J. |
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| (3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment. In addition, if the continued employment poses a serious and imminent threat to the life or property of the employers or of other employees like theft or physical injuries, and there is a need for preventive suspension,[17] the employers can immediately suspend the erring employees for a period of not more than 30 days. Notwithstanding the suspension, the employers are tasked to comply with the twin notice requirement under the law. The preventive suspension cannot replace the required notices.[18] Thus, there is still a need to comply with the twin notice requirement and the requisite hearing or conference to ensure that the employees are afforded due process even though they may have been caught in flagrante or when the evidence of the commission of the offense is strong. | |||||