Notice of Termination for Dishonesty Involving Project Engineer – Sample Notice

Notice of Termination for Dishonesty Involving Project Engineer – Sample Notice

Notice of termination is the final step to employee dismissal following the procedural due process.

The requirements start with the issuance of the NTE or Notice to Explain. Some call this Show Cause Memo or SCM. But terminologies aside, they refer to the same thing: the first notice given to an employee being charged.

Next is the issuance of the Notice of Hearing/Conference or Administrative Conference. While it is true that in the case of Perez vs. PT&T (G.R. NO. 152048, April 7, 2009) the Supreme Court held that it is not required to be conducted where it is not found the company’s Code of Conduct or Discipline or when the employee does not request in writing.

However, it is sometimes better to overdo the due process requirements as it can also give the most opportunity to the employee.

At any rate, after determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (a) all circumstances involving the charge against the employees have been considered; and (b) grounds have been established to justify the severance of their employment. (See page 54, Guide to Valid Dismissal of Employees, 2nd Edition, citing King of Kings Transport, Inc. vs. Mamac, 553 Phil. 108 [2007]).

Below is the sample Notice of Termination for a fictional Project Engineer in this series of sample procedural due process. Previously, this employee was issued the NTE (See sample NTE here), and also was invited to an administrative conference (See Sample Notice of Administrative Conference here).

To:             MADO GATO
                  Project Engineer
From:         HR
Date:          __________________

This is in relation to the charge against you involving an alleged dishonesty by including in the payroll employees who did not report for work and the company paid the wages.

Records show that for the payroll period November 1-15, 2019, the names of Juan Dela Cruz, Pedro Santos, and Jose Reyes were included in the list that you prepared, signed, and submitted to HR for payment.

Allegedly, they reported for work on ___________, 2019. However, subsequent investigation revealed that said three employees did not report for work on said dates.

Thus, HR included their names in the payroll request for payment with Accounting and the fund was released purportedly for the payment of their wages. It appeared that said employees also denied having asked you to include their names in the payroll list.

On ______________ a Notice of Administrative Conference was sent to you. In the hearing/conference that was held you appeared and participated. You admitted having included the names of said employees in the payroll. However, you argued that it was with consent of said employees and that you agreed with them to split the wage paid 50-50.

However, the laborers mentioned issued written statements claiming that contrary to your assertion, they did not tell you to include their names in the payroll report. In fact, they did not receive any money from you proving that there was no such agreement.

After careful review, assessment, and evaluation of the pieces of evidence presented, there is substantial evidence of your deliberate act of defrauding the company. The laborers you mentioned stand as credible witnesses there being no ill-will between you that would prompt them to testify falsely.

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Thus, after considering the circumstances and evidence, grounds have been established to justify your dismissal from service for dishonesty or for willful breach of trust. Your dismissal shall be effective immediately.

Please accomplish your clearance and process completely your exit documents for the final release of your final pay.


HR Manager


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