LABOR LAW: Requirements for Termination

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;