Sample Notice of Dismissal for Downloading Pornographic Videos in Office
Sample notice of dismissal is provided here to guide practitioners on the procedural due process requirements of the law on employee dismissal.
The post below is based on the book Human Resource Forms, Notices, and Contracts Volume 2 (pp. 96-97) by Atty. Villanueva.
To : Name of Employee
From : HR MANAGER or other responsible officer
Subject : Downloading pornographic video
Date : (Date of issuance)
This refers to our show cause memo on the subject matter dated _______________. Our records reveal the following facts: On various occasions, particularly on the following dates:
On _______ (date) ________, you were caught downloading pornographic video using the Company-assigned computer.
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, downloading pornographic video is strictly prohibited and is an unauthorized use of Company resources. It constitutes serious misconduct, which is a just cause for terminating employment under the Labor Code.
After a thorough review and discussion on the matter, we find that your acts of downloading pornographic videos using your Company-assigned computer shows utter disregard of clear Company policy and of its business.
The same constitutes 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)