HIGH COURT SAYS EMPLOYEE WITH "ATTITUDE PROBLEM" MAY BE FIRED

FROM WORK

An employee who cannot get along with his co-employees is detrimental to the company for he can upset
and strain the working environment. Without the necessary teamwork and synergy, the organization cannot
function well. Thus, management has the prerogative to take the necessary action to correct the situation
and protect its organization. When personal differences between employees and management affect the
work environment, the peace of the company is affected. Thus, an employee's attitude problem is a valid
ground for his termination. It is a situation analogous to loss of trust and confidence that must be duly
proved by the employer. Similarly, compliance with the twin requirement of notice and hearing must also be
proven by the employer.

But the employee's supposed “attitude problem” must be shown by clear and convincing evidence. The mere
mention of negative feedback from the employee's team members is not sufficient proof of her attitude
problem. And her failure to refute the employer's allegation of her negative attitude does not amount to
admission.(G.R. No. 154410)

Nonetheless, Article 282 (e) of the Labor Code talks of other analogous causes or those which are susceptible
of comparison to another in general or in specific detail. For an employee to be validly dismissed for a cause
analogous to those enumerated in Article 282, the cause must involve a voluntary and/or willful act or
omission of the employee. (G.R. No. 169549)

A cause analogous to serious misconduct is a voluntary and/or willful act or omission attesting to an
employee's moral depravity. Theft committed by an employee against a person other than his employer, if
proven by substantial evidence, is a cause analogous to serious misconduct. (G.R. No. 169549) Commented [1]: