Illegal dismissal

How it works

Remote and foreign principals still lose these cases. The local employer and the principal can both be in the caption. Budget process, not just the replacement fee. For a U.S. company hiring one Filipino teammate, write this into the brief, the employment contract, and the peso payroll file before the start date. Slack habits do not override the Labor Code, BIR, or NPC. If the local employer of record holds the paper, they run the statutory step; you still owe a clean operating definition so the seat does not fail in week three. Put a number on the example when you budget loaded cost, because a nameless allowance always returns as a December surprise or a missed SLA.

Example: lockout Friday, no notice, no cause file. Demand letter Monday. Back wages accrue while you argue.

How it differs

Just and authorized causes are the lawful doors. Twin-notice is the hallway. Constructive dismissal is a disguised firing.

Common errors

Ignoring a SEnA conference because you are in California.

In practice

Treat Illegal dismissal as a week-one operating object. Ask who signs the notice, who remits, and who would answer DOLE. If three vendors each point at the other, you have a story rather than a file. Write an owner - founder, local employer, or worker - and a date you will look at it again: first cutoff, first holiday, or first miss. If nobody can show a contract clause, a payslip line, a calendar block, or a checklist box, you do not have illegal dismissal yet. You have a conversation. Convert the conversation before the person starts, while changing the deal still costs a paragraph rather than a resignation. Re-read the worked example above against the actual hire in front of you. If the numbers in that example cannot be swapped for this seat’s pesos, hours, and start date, the brief is still unfinished.