When both substantive and procedural due process is met, management can proceed with retributive or corrective actions even when there is no admission of guilt.

 
 
I often receive PM or email seeking advice on HR and cyber issues. From time to time, like today, I publish both the Q and my reply when I find the topic value adding – Sonnie
 
 

Dear Sir:

 
 

An Employee committed many actions that resulted to financial loss to the company.

 

The employee was given a letter to explain. But the template does not necessarily follow the DOLE NTE.

 

The employee was given 48 hours to respond. But the employee is evading, not exactly answering the issues, and not admitting guilt.

 

The employee resigns, and would issue PDC check payments, but without admission of the guilt. Is it safe to accept the payment, when the Employee is NOT actually admitting to the guilt?

 
 
My response:
 
 
No admin case is immune from complaint against DOLE as it is employees right to do so. But when both substantive and procedural due process  was observed,  you don’t need to worry.
 
 
Substantive due process simply means you have enough evidence to proceed with a case. Procedural due process on the other hand is observance of the twin notice rule.
 
 
Now having said that, there is no need for employee admission to proceed with the corrective or retributive action if you have solid evidence and you observed the twin notice rule. You can check samples of Notice to Explain and Notice of Decision in this blog series. Following a template is not mandatory, as long as the needed elements are included, we are free to follow our own writing style.
 
 
Though this is water under the bridge, you can withhold acceptance of employee resignation, pending resolution to a case, when said employee is under administrative investigation. Likewise, it is better to give employee 5 days to respond to NTE, specially for cases that will merit termination
 
 
Hope we are able to help you in your situation.
 
 

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