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Due Process Required?

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1 Due Process Required? on Wed Sep 07, 2011 11:04 am


Arresto Menor
Dear Atty.,

We have one employee who is project-based. Her employment contract states that at anytime within the inclusive dates of her project employment, her performance will be assessed and if she fails to meet the passing score then she may be terminated from her employment.

Come her appraisal date, she did not meet the passing score. What our HR office did upon receipt of the failed performance appraisal document, signed by the employee, was to issue a letter of Termination.


1. Did we violate any of the due process requirements? We did not issue any Notice to Explain as the failed performance appraisal document already served as her notification that she did not meet the standards required for her position.

Thank you.

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2 Re: Due Process Required? on Thu Sep 08, 2011 10:52 am


i would argue that any employee is entitled to due process before being terminated, especially for alleged poor performance.

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