NOTICE TO THE PUBLIC: THIS EMPLOYEE WAS TERMINATED FROM EMPLOYMENT
LLQ refers to Labor Law Questions, a series in this blog.
It is one thing to inform the public that an individual is no longer connected with the company and thus s/he no longer has any authority to represent the business.
It is another to inform the public of the same thing and add that the individual was a terminated from employment.
One is valid and legal, the other is borderline unlawful.
The first one is rooted from a Civil Code provision on Agency wherein public notice of the termination of authority of an agent (which may include an employee) is necessary to end the agency relationship.
However, the second one has no legal basis other than the Civil Code provisions on Human Relations, wherein a person (in this case the Company) “must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith” (Article 19). This provision may be the basis for prohibiting the conduct of printing ads informing the public of an employment termination of an individual.
Does the public really need to know that about a person’s termination of employment?
There’s the rub.
While the termination of an agent’s authority is within public interest (to protect the public from fraud), the same cannot be said about a person’s dismissal from his employment. At best, this is between the employer and the dismissed employee.
The Company is not a court that can give sentences to a person such that the person will be accountable to the public at large.
Plainly, there is no legitimate interest in advertising a person’s employment termination. It is incorrect on many levels. There is no justice in it as set forth in Article 19.