Practice question
A corporation is found to have illegally dismissed an employee after wrongly classifying the worker as an independent contractor. The tribunal expressly finds no malice or bad faith by its officers and no other personal-liability basis. The employee argues that illegality alone conclusively proves bad faith by every officer. Under Borromeo, which is best?
- All officers are liable because every legal error is malicious.
- The corporation remains liable, but the asserted automatic inference does not establish officers' personal liability.
- The absence of bad faith makes the dismissal lawful.
- The employee loses all relief against the corporation.
- Personal liability depends solely on the number of officers.
Legal references
- https://lawphil.net/judjuris/juri2024/apr2024/gr_265610_2024.html — Borromeo v. Lazada, G.R.265610, April3 2024, main opinion, corporate-officer liability.
- https://lawphil.net/statutes/repacts/ra2019/ra_11232_2019.html — Revised Corporation Code, Section30, liability of directors, trustees or officers.
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