fraud Archives - LVS Rich Publishing

22 Jun

Proof Required in Allegation of Fraud in Employee Dismissal Cases

Where the employer claims that the employee’s act constituted fraud which warranted her dismissal, the employer has to submit substantial evidence as proof. Article 297 (c) of Presidential Decree No. 442, also known as the Labor Code of the Philippines, provides that fraud or willful breach by the employee of the trust reposed in him or her by his or her employer or duly authorized representative is a ground for dismissal being a just cause. As held by the Supreme Court [...]

By Atty Elvin Labor Law atty. elvin, dismissal, fraud, Illegal dismissal, labor, Labor Code, labor law, termination 0 Comments Read more...

28 May

Presumption of Regular Performance of Duty in Labor Cases in Relation to Serious Misconduct

For misconduct or improper behavior to be a just cause for dismissal, the following elements must concur: [Globe Telecom, Inc. vs. Ebitner, G.R. No. 242286, January 16, 2023 citing Sterling Paper Products Enterprises, Inc. vs. KMM-Katipunan, 815 Phil. 425 (2017)] (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and (c) it must have been performed with wrongful intent. In a case [...]

By Atty Elvin Labor Law atty. elvin, fraud, Illegal dismissal, labor, Labor Code, labor law, presumption, presumption of regul, Presumption of Regularity, regular performance of duty, Serious Misconduct 0 Comments Read more...

02 Jun

Fraud and Loss of Trust and Confidence

A managerial employee is conferred with full trust and confidence by his employer. While as a manager he could exercise some discretion, such does not cover acts of betrayal of trust and confidence of his employer. He cannot reimburse his family’s personal travel expenses out of company funds. His act amounted to fraud or deceit which led to the loss of trust and confidence of his employer. An employee, the Officer-in-Charge of the company in its boutique misappropriated the amount [...]

By Atty Elvin Labor Law article 297, atty. elvin, discipline, dismissal, employee, employer, fraud, Just Cause, labor, Labor Code, labor law, loss of trust, loss of trust and confidence, termination 0 Comments Read more...

02 May

Fraud as Ground for Employee Dismissal Under Willful Breach of Trust – Sample Notice of Dismissal for Overpricing Receipts

Fraud, in its general sense, is deemed to com- prise anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting in damage to another, or by which an undue and unconscientious advantage is taken of another. It is a generic term embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to secure an advantage over another by [...]

By Atty Elvin Labor Law, Sample Forms fraud, willful breach 14 Comments Read more...

Tag - fraud

Proof Required in Allegation of Fraud in Employee Dismissal Cases

Presumption of Regular Performance of Duty in Labor Cases in Relation to Serious Misconduct

Fraud and Loss of Trust and Confidence

Fraud as Ground for Employee Dismissal Under Willful Breach of Trust – Sample Notice of Dismissal for Overpricing Receipts