Hi Attorney K,
First time to hear you on boysnightout this evening
I just want to ask something.
Is gossip a serious misconduct and is it a valid cause to be dismissed from a company?
*Private inquiry. Thanks
Attorney K said:
Unfortunately, gossip is not serious misconduct that would be a valid cause for dismissal from a company. Under Article 282 of the Labor Code, the following are valid causes for termination by the employer:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
(e) Other causes analogous to the foregoing.
However, you can check with your company/employee handbook to see what are the valid causes for disciplinary action. The handbook may certain penalties, but it all depends on your evidence in proving your claim. Good luck!