“Professionalism” in the workplace – addressing rumor mongering and

employee attitudes

Jurisprudence: Termination based on rumor mongering and employee

attitudes

 Falls under utterance of obscene, insulting, or offensive words

constitutes serious misconduct

Jurisprudence: habitual neglect / tardiness

 Tardiness or absenteeism that is habitual constitutes gross and

habitual neglect of duty and is a just cause for termination.
o However, if absence is authorized or tardiness or absenteeism is
due to emergency, ailment, or fortuitous event, then such is
justified.
 Unsatisfactory or poor performance, inefficiency and incompetence if
gross and habitual is a just cause for termination.
 Punching-in of time cards of other employees constitutes serious
misconduct and is a just cause for termination

Jurisprudence: unprofessional behavior to clients

 Deceiving a customer for personal gain constitutes serious misconduct

 “attitude problem” is analogous to loss of trust and confidence
 Violation of company rules and regulations
 Incompetence, inefficiency or ineptitude


Alternative Work Scheme Policy of DOLE vs. On Site

Unprofessional Behavior – not behaving according to the standards that are

expected of a person in their profession.

Cebu People’s Multi-Purpose Cooperative v. Carbonilla, Jr. , G.R. No.

212070, Jan 27, 2016

Employee terminated for frequently exhibiting disrespectful and belligerent behavior

towards his colleagues and superiors. He even used his stature as a law graduate to insist
that he is “above” them, often using misguided legalese to weasel his way out of the
charges against him, as well as to strong-arm his colleagues and superiors into
succumbing to his arrogance.
 Employees defiance breeds of antagonism in the work environment. Management has
the rightful prerogative to take away dissidents and undesirables from the workplace. It
should not be forced to deal with difficult personnel, especially one who occupies a
position of trust and confidence, as will be later discussed, else it be compelled to act
against the best interest of its business. Carbonilla, Jr.'s conduct is also clearly work-
related as all were incidents which sprung from the performance of his duties. Lastly, the
misconduct was performed with wrongful intent as no justifiable reason was presented to
excuse the same.

Carbonilla, Jr. comes off as a smart aleck who would even go to the extent of
dangling whatever knowledge he had of the law against his employer in a combative
manner. As succinctly put by CPMPC, ""every time Carbonilla, Jr.'s attention was called
for some inappropriate actions, he would always show his Book, Philippine Law
Dictionary and would ask the CEO or HRD Manager under what provision of the law he
would be liable for the complained action or omission."" Irrefragably, CPMPC is justified
in no longer tolerating the grossly discourteous attitude of Carbonilla, Jr. as it constitutes
conduct unbecoming of his managerial position and a serious breach of order and
discipline in the workplace"

Agayan v. Kital Philippines , G.R. No. 229703, December 4, 2019

 Employee was terminated for willful disobedience

 Agayan was hired by Kital as Head of Communications. She received
information of anomalies and dishonesty committed by the Head of
Accounting. She then informed the President of Kital but he did not
act on it. Due to his inaction, she
 "Willfuld disobedience found. Validly dismissed.
 Agayan committed willful disobedience. She refused to follow
Consunji's instructions to provide him with the list of RMs. Consunji
as chief executive is ultimately responsible for the general oversight
of company operations, and by virtue thereof, he has the right to direct
his subordinates to furnish him with information relative to the
business. The primary function of the RMs is to assist Kital in doing
business, it stands to reason that Consunji's order was within the
purview of the company's operations, and was therefore reasonable
and lawful. In fact, there was no evidence showing that the identities
of the RMs must be kept strictly confidential. Quite the opposite. In
the past correspodence to Consunji, Agayan had provided him with
names of RMs as requested. It thus stands to reason that Agayan was
unjustified in complying with the directive given to her.
 Moreover, Agayan's outright refusal to respect the authority of
Consunji strengthens the conclusion that she committed willful
disobedience. Although there is nothing inherently wrong with the act
of an employee in expressin his or her grievances to the company's
principals, such is not the case here. It is highlighted that in the email
message to Mr. Kuti Mor, Agayan proclaimed ""I already declare to
him that I will no longer be reporting to him starting the beginning of
business hour today and moving forward."" Considering that Agayan
is a former managerial employee, her declaration by itself is highly
unprofessional as it serves no purpose except to sow great discord in a
working environment. "