Practice question
Management first seeks to dismiss a salesman for absences. After his satisfactory explanation, it switches to an alleged quota failure; it cannot prove delivery of the quota warning, and its own manager says the experimental sales cannot yet be quantified. Under Aliling, are numbers asserted in litigation enough?
- No; the employer must establish the genuine valid performance ground and applicable procedural safeguards
- Yes; an asserted number conclusively proves just cause
- Yes; switching reasons cures evidentiary gaps
- Yes; an undelivered memo conclusively proves notice
- Yes; internal doubts are legally irrelevant in every case
Legal references
- Aliling v. Feliciano, GR 185829, April 25, 2012, main decision: https://lawphil.net/judjuris/juri2012/apr2012/gr_185829_2012.html
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