Misconduct is improper or wrong conduct.

It is the transgression of some established

and definite rule of action. Misconduct implies a wrongful intent, willful in character, as
distinguished from a mere error of judgment.1

To constitute a just cause for dismissal, the misconduct must be serious and work-
connected.

In the case of Citibank N.A. v. NLRC2, the Court ruled that an employee who cannot get
along with his co-employees, is hard to deal with, belligerent, and picks a fight with
peers and other employees is guilty of serious misconduct because such unreasonable
behavior and unpleasant deportment does not only erode the morale of co-
employees – it is also detrimental to the company because it upsets and strains
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 the 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.

In a number of cases, the Court has consistently ruled that the utterance of obscene,
insulting or offensive words against a superior is not only destructive of the
morale of his-co-employees and a violation of the company rules and
regulations, but also constitutes gross misconduct. Hence, it is well-settled that
accusatory and inflammatory language used by an employee towards his employer or
superior can be a ground for dismissal or termination. 3

1
Surigao del Norte Electric Cooperative v. NLRC, G.R. No. 125212
2
G.R. No. 159302
3
Sterling Paper Products Enterprises, Inc. v. KMM-Katipunan & Esponga, G.R. No. 221493