Terminated due to Mismatched Feng Shui Aura with Employer
Loreta Yung, an administrative manager at Wensha, complained that she was terminated because her aura is a mismatch to that of her employer. Wensha however, denied having terminated her on this ground.
Wensha insisted that Loreta was terminated for loss of trust and confidence.
However, the Supreme Court found Loreta’s complaint credible. There is consistency in her pleadings and evidence. In contrast, Wensha’s pleadings and evidence, taken as a whole, suffer from inconsistency.
Moreover, the affidavits of the employees of Wensha only pertain to petty matters that, to the Court’s mind, are not sufficient to support Wensha’s alleged loss of trust and confidence.
To be a valid cause for termination of employment, the act or acts constituting breach of trust must have been done intentionally, knowingly, and purposely; and they must be founded on clearly established facts.
Related: Loss of Trust and Confidence
More importantly, the records are bereft of evidence that Loreta was duly informed of the charges against her and that she was given the opportunity to respond to those charges prior to her dismissal.
If there were indeed charges against Loreta that Wensha had to investigate, then it should have informed her of those charges and required her to explain her side.
Wensha should also have kept records of the investigation conducted while Loreta was on leave.
The law requires that two notices be given to an employee prior to a valid termination: the first notice is to inform the employee of the charges against her with a warning that she may be terminated from her employment and giving her reasonable opportunity within which to explain her side, and the second notice is the notice to the employee that upon due consideration of all the circumstances, she is being terminated from her employment.
This is a requirement of due process and clearly, Loreta did not receive any of those required notices.
How to Validly Terminate Employees: 
(Wensha Spa Center, Inc. vs. Yung, G.R. No. 185122, August 16, 2010)
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