Immorality – Having an Affair with Another Married EmployeeAtty Elvin
Immorality can a ground for dismissal of employee.
The sample form below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 150-151).
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Having an affair with a married co-employee while being married
Date : (Date of issuance of Notice)
The following incident has been brought to our attention for appropriate action: On _____________, ________________ (name of spouse of co-teacher), who is the husband/wife of _____________ (name of co-teacher) submitted a written complaint against you for having an affair with his/her spouse.
He/She cites specific instances when you and her/his spouse were seen together holding hands, kissing and embracing.
The same complainant also provided a transcript of various text messages between you and your co-teacher purportedly showing that a romantic affair exists. (See attached document) Moreover, the school security guard, ______________ (name of guard), and co-teachers, __________ and ______________ (names of co-teachers), submitted sworn statements describing instances when both of you were seen in school together, performing acts of affection.
In this connection, we direct your attention to the company manual, particularly section ________ which prohibits acts of immorality such as unlawful relationships between employees, where at least one party is married to another.
A violation of the said provision may constitute serious misconduct which is one of the just causes for termination of employment under Art. 282 (now Art. 297) of the Labor Code.
In view of the foregoing, you are hereby required to submit a written explanation to this office within five (5) days from receipt of this notice, stating why the Company should not impose the penalty of dismissal for the acts mentioned.
Furthermore, you are invited to a conference on _________ (date) at ___________ (venue) where you shall be accorded the opportunity to express your side on the matter. You may be accompanied by your own counsel at the said conference if you wish to be assisted by one.
Your failure to submit your written explanation within the period provided shall be construed as a waiver of your right to be heard and the Company shall decide the matter on the basis of all records and evidence available to it.
Your compliance is strongly encouraged.
Very truly yours,
(Name and signature of authorized signatory)