Notice of Dismissal for Use of Marijuana
Notice of Dismissal is one of the procedural due process requirements of the law in employee dismissal.
The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 90-92) by Atty. Villanueva.
From : HR MANAGER or other authorized officer
Subject : Using marijuana
Date : (Date of issuance)
This refers to our show cause memo on the subject matter dated _______________.
Our records reveal the following facts:
In particular, it appears that on or about ________ (time) on ________ (date), you were caught using marijuana in the company premises and during working hours. In response to our show cause memo, you submitted your written explanation on ______________.
In the same explanation, we note that _____________________ (if any admission is made, state it here).
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, the use of marijuana constitutes serious misconduct which is a just cause for termination of employment under the Labor Code. After a thorough review and discussion on the matter, we find that your use of marijuana in the company premises and during working hours is highly improper and unjustified, constituting a case of serious misconduct.
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,
(Printed name and signature of authorized signatory)