LABOR LAW: Requirements for Termination

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REQUIREMENTS FOR TERMINATION

1.       Substantive due process:
-          Just cause or authorized cases;
2.       Procedural due process
-          Notice and hearing
-          For just causes – twin notice rule; first notice – to EE specifying the ground for termination, and giving said EE reasonable opportunity to explain; second notice – notice of termination to EE indicating that upon due consideration of all the circumstances, grounds have been established to justify the termination;
-          Formal conference – not mandatory; EXC:
a.       EE requests;
b.       Disputes in evidence submitted;
c.        Company rule or practice;
-          When hearing not required:
o    Expiration of fixed term EM;
o    Completion of project;

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