What is Article 297 termination by employer?
Asked by: Remington Witting Sr. | Last update: February 20, 2026Score: 4.3/5 (9 votes)
Article 297 of the Labor Code of the Philippines outlines just causes for termination by an employer, focusing on employee fault, including serious misconduct, willful disobedience, gross neglect, fraud, breach of trust (especially for managers), and committing crimes against the employer, requiring proper procedural due process like notice and hearing for lawful dismissal.
What are the just causes for termination Article 297?
Here are the main just causes recognized under Article 297 of the Labor Code of the Philippines: Serious Misconduct or Willful Disobedience: This involves intentional disregard of lawful orders from an employer. Examples include acts of insubordination or refusal to follow company policies.
What are you entitled to if you are terminated?
Severance pay
A terminated employee may be entitled to more than the minimum amount of termination notice or pay required under employment standards legislation. This is often referred to as severance pay. Severance pay is determined under common law and not required under the Employment Standards Code.
Can an employer terminate an employee immediately?
Yes, in most U.S. states, employers can terminate an employee immediately without notice due to "at-will" employment, meaning termination can happen for any reason (or no reason) as long as it's not an illegal one, like discrimination; however, immediate firing is often reserved for severe misconduct like theft, violence, or policy violations, and some states and contracts provide exceptions, while federal law prohibits discrimination and retaliation.
What is an example of a loss of trust and confidence?
Examples of breaches of trust and confidence
Failure to investigate an employee's complaints or grievances. Reprimanding a senior employee in front of other employees. Unreasonable and unjustified workplace monitoring of employees. Failure to follow company standards and procedures.
Legal Procedures in the Termination of Employee
What is the biggest red flag at work?
The biggest red flags at work often signal a toxic culture and poor leadership, with high turnover, communication breakdowns, lack of trust, blame culture, and unrealistic expectations being major indicators that employees are undervalued, leading to burnout and instability. These issues create an environment where people feel unappreciated, micromanaged, or unsupported, making it difficult to thrive and often prompting good employees to leave.
What to do when you lose trust in your employer?
Let him know what you've observed or experienced and how it is affecting your performance. Be specific so that he has a firm grasp of the issues that have caused you to lose trust. Tell your manager respectfully that you are holding him accountable for keeping his word.
Can I sue my employer for terminating me?
For example, in California, you can sue your employer for wrongful termination if you were fired for reasons that violate the following anti-discrimination and whistleblower statutes: California Fair Employment and Housing Act (FEHA) California Family Rights Act (CFRA) Pregnancy Disability Leave Law (PDLL)
What is unjust dismissal?
An unjust dismissal is when an employer ends the employment of an employee for reasons that are unfair or wrong.
What is an example of wrongful termination?
Wrongful termination examples include firing someone for discrimination (race, gender, age, disability), retaliation (whistleblowing, reporting harassment, FMLA leave, workers' comp), violating public policy (refusing illegal acts, jury duty), or breaching an employment contract, often involving an illegal reason rather than just unfairness.
What are my rights if I am terminated?
If fired, you're generally entitled to your final paycheck, potential unemployment benefits (if not for misconduct), and the right to continue health insurance (COBRA); you might also get severance if your contract or policy allows, but it's not legally required, and you have protections against discriminatory or wrongful termination. Eligibility for unemployment depends on state law and if you lost your job through no fault of your own.
How to prove you were terminated?
Evidence can be in the form of your testimony, witness statements, “me too” victims, documents, communications, and recordings. Evidence of a particular pattern, practice, and policy may also be relevant.
How much compensation will I get for termination?
Payment Formula for Termination Benefits
Employees receive: 10 days' wages per year for service less than 2 years. 15 days' wages per year for service between 2 and 5 years. 20 days' wages per year for service 5 years or more.
What are the grounds for unfair termination?
Grounds for wrongful termination involve being fired for illegal reasons, such as discrimination (race, gender, age, religion, disability) or retaliation for whistleblowing, reporting harassment, or taking protected leave; breaching an employment contract (written or implied); or being terminated for exercising legal rights like jury duty or workers' comp claims, all of which violate federal/state laws or public policy, even in "at-will" states. Other grounds include constructive discharge (forced resignation due to hostile environment) or an employer failing to follow its own disciplinary policies.
What are the 7 tests of just cause?
The Seven Tests of Just Cause
- Fair Notice. An employer may not discipline an employee for violating a rule or standard whose nature and penalties have not been made known. ...
- Prior Enforcement. ...
- Due Process. ...
- Substantial Evidence. ...
- Equal Treatment. ...
- Progressive Discipline. ...
- Mitigating and Extenuating Circumstances.
What if my employer terminates me?
In the event that the employer terminates the contract, the worker is entitled to an unpaid leave of one day per week during the notice period to search for another job, and the worker may specify the day of absence provided that he notifies the employer of the same 3 days at least before the absence day.
What are 5 automatically unfair dismissals?
Automatically unfair reasons for dismissal
family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants. acting as an employee representative. acting as a trade union representative. acting as an occupational pension scheme trustee.
What to do if you feel you've been wrongfully terminated?
To deal with being fired unfairly, stay calm, document everything (emails, reviews, notes), ask for a written reason, and immediately consult an employment lawyer to understand your rights and potential claims (like discrimination or retaliation), especially before signing severance agreements, while also considering filing complaints with agencies like the EEOC. Protect your professional reputation by avoiding negative public comments and focusing on a positive narrative for future job searches.
What am I entitled to if I get fired?
If fired, you're generally entitled to your final paycheck, potential unemployment benefits (if not for misconduct), and the right to continue health insurance (COBRA); you might also get severance if your contract or policy allows, but it's not legally required, and you have protections against discriminatory or wrongful termination. Eligibility for unemployment depends on state law and if you lost your job through no fault of your own.
How do you respond to an unfair termination?
In fact, finding an experienced employment attorney can be your strongest move. They can assess whether your case has legal merit and advise on the best path forward, which might involve negotiation, filing a lawsuit, or possibly filing a claim in arbitration.
What are the odds of winning a wrongful termination suit?
While specific statistics vary, employees win a small percentage (around 10-25%) of wrongful termination cases that go to trial, but the success rate rises significantly because over 90% of these cases are resolved through out-of-court settlements, where employees receive compensation. Winning depends heavily on strong evidence, clear violations of law, and strong legal representation, making well-documented cases with direct proof much more likely to succeed or settle favorably.
What are 5 fair reasons for dismissal?
The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs.
What is the red flag of a toxic boss?
Red flags of a toxic boss include poor communication, micromanagement, lack of empathy/self-awareness, taking credit & shifting blame, favoritism, inability to accept feedback, creating a fear-based environment, and showing disrespect or public humiliation, all of which undermine trust, growth, and employee well-being, leading to stress and poor mental health.
What is the 3 month rule in a job?
The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI).
What is an example of a breach of trust and confidence by an employee?
An employee may be found to have breached their duty of trust and confidence if they make disparaging comments about their employer on social media or falsely claim sick pay. Acting reasonably and in an even handed manner at all times is the key to ensuring trust and confidence isn't breached.