Is an employee’s conviction in a criminal case necessary in the determination of just cause for his or her termination?

An employee’s guilt or innocence in a criminal case is not determinative of the existence of a just or authorized cause for his or her dismissal.

Hence, conviction in a criminal case is not necessary to find just cause for termination of employment. (St. Luke’s Medical Center, Inc. v. Maria Theresa Sanchez, G.R. No. 212054, March 11, 2015)

Otherwise stated, an employee’s acquittal in a criminal case, especially one that is grounded on the existence of reasonable doubt, will not preclude a determination in a labor case that he is guilty of acts inimical to the employer’s interests. (Copy Central Digital Copy Solution v. Marilyn Domrique and Carina Leaño, G.R. No. 193219, July 17, 2015)

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

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