Getting terminated due to negligence

Labor Law 3 min read , May 26, 2022

Do you know how employees are terminated because of gross and habitual negligence?

Is this allowed and what is the process for doing so?

Our episode today involves an employee who is contesting being terminated. But people on both sides can learn a lot from this, both employers and employees.

Angelique V wants to know about the neglect of duty as a just cause for terminating an employee:

“Good day Atty. I was dismissed by my previous employer with alleged negligence of my duty. I am thinking of filing a case with the NLRC for Illegal Dismissal. To add, recently, I requested for my COE but they said that they would not issue my COE [and] ITR if I will not accept the final pay which comes with the condition that I won't file any case or won't hold anything legal against them. Please advise po kung tama yung ginagawa ng previous employer ko. Salamat po”

But before that, we would like to give a shoutout to one of our followers, Jovy who said:

"Highly recommend! Really love the sessions! They really made me feel confident in handling cases and creating/imposing rules. I really love how Atty. Zagala explains everything so beginners like me will understand the law."

Thank you Jovy. Please keep sharing. And just to let you know, if we seem to provide helpful content to you guys, that is because the show is based on questions from followers like you. So if you want to submit a question, just go to our website and click the submit topic button!

Now, let's get on with the show.

This episode is brought to you by "The Complete Employee Discipline System" A book that teaches owners, managers, and supervisors how to handle any offense easily and systematically. It provides step-by-step procedures from incident reports all the way to the clearance process. Stand your ground and discipline with confidence. Go to to learn more.

Welcome to Legal Guide Philippines where we simplify the law to help you make better choices. I'm Atty. Ramon Ramirez and I'm with my partner, Atty. Erwin Zagala.

What can you learn about getting terminated for gross and habitual negligence:

  1. Neglect of duty as a just cause
  2. Procedural due process in termination cases
  3. Quitclaim and waivers
  4. COE

Additional Resources:

For most of you, this video was more than enough, and if it makes your life easier then you're welcome. But there are those of you who will watch this video and end up asking more questions such as “Attorney what is the format for the notices? What should I write there? How do I serve it properly?”

If that's you then I invite you to check out "The Complete Employee Discipline System" book where we teach you a road map handling employee cases from start to finish. Get the book at today.

The Complete Employee Discipline System Book

To add to that, people say that our show seems to read what's in your mind and answers them. Well, that's because we base our show on submitted questions from our viewers. Please tell us what you want us to talk about by going to and click the Submit topic button.

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One last thing... nobody has to put up with bad behavior at work. But everyone deserves a fair shot at clearing their name in case they are innocent. That's what the due process requirements are about. So if you're an employee, do the best you can so you can show that you value your job. For employers, let's try to give as many chances for employees to prove themselves. If all that fails, we let the law take its proper course and lead to a proper termination.

So wasn't that simple? Now go make better choices.