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)