Insulting a Customer – Notice of DismissalAtty Elvin
Insulting a customer may be ground for dismissal if it amounts to serious misconduct.
Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment (pp. 114-115, Guide to Valid Dismissal of Employees Second Edition citing Telecommunications Distributors Specialist, Inc., vs. Raymund Garriel, G.R. No. 174981, May 25, 2009).
The misconduct, to be serious within the meaning of the Labor Code must be of such grave and aggravated character and not merely trivial or unimportant. Such misconduct, however serious, must nevertheless be in connection with the employee’s work to constitute just cause for his separation (page 115, Guide to Valid Dismissal of Employees Second Edition citing Eden Llamas vs. Ocean Gateway Maritime and Management, Inc., G.R. No. 179293, August 14, 2009).
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Elvin B. Villanueva and Atty. Christine Florido (pp. 123-125).
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Insulting a customer
Date : (Date of issuance)
This refers to our show cause memo on the subject matter dated _______________.
Our records reveal the following facts: On ________ (date), we received a written complaint from one of our customers, ____________ (name of client) about an incident that occurred on _________ (date).
It appears that the customer called the company’s customer service number to inquire about our rewards redemption program. The customer asked you to explain the procedure for redeeming accumulated points and you proceeded to mention the steps for redemption. After asking several other questions about the rewards program, you responded by telling the customer to read the promo mechanics online at out company website.
The customer then said that she preferred to ask you directly through the customer service hotline than hang up and view the company’s website. Instead of further answering her questions, you continued to say that everything she needs to know is on the company website. When the customer noticed that your voice sounded annoyed, you replied, “Paano, pa ulit ulit na ang tanong. Nakakabobo na.”
This remark led to a series of heated words from the customer. But instead of pacifying the customer, you stated, “I’ve already answered the same questions. Is it so difficult to understand?”
To this, the customer asked for your name and declared that she was going to complain about you, to which you replied, “Go ahead. I’m not afraid of you.” Conversations with clients are routinely recorded and reviewed by the company for quality assurance.
A review of the call made on the date of the incident revealed that you raised your voice at the customer and made the same statements alleged in the customer’s complaint against you. During the scheduled conference on ______________, you were given the opportunity to explain or defend your side on the matter. (State any detail during the conference that may bolster the belief that a violation was committed) (State other details to substantiate charge, refute statement of employee if applicable, and complete justification for the company’s decision.)
In this connection, insulting a customer constitutes serious misconduct which is a ground for termination under the Labor Code. After a thorough review and discussion on the matter, we find that your conduct was serious, wrongful, and unjustified, which prejudiced the reputation and business of the Company.
In view of the foregoing, you are hereby informed that your employment with the Company is terminated effective on the closing hours of __________ (date).
Please comply with the relevant post-employment requirement of the Company by surrendering your accountabilities to _________________ (department or officer) for the Company to process your final salary.
Very truly yours,
(Name of Immediate superior)