1) What a “legal memorandum” is in Philippine labor practice

A legal memorandum is a structured, lawyerly analysis that (a) identifies the controlling law and rules, (b) applies them to a set of facts, and (c) concludes with recommended action. In Philippine labor disputes, a memorandum is often used to:

evaluate whether a dismissal is legal or illegal;
frame issues for an NLRC (National Labor Relations Commission) case or a DOLE-related proceeding;
prepare a position paper, appeal, motion, or internal advisory; or
guide settlement strategy, exposure, and documentary needs.

A solid memo reads like a careful roadmap: Facts → Issues → Law → Analysis → Conclusion/Recommendations, supported by documentary evidence and a clear timeline.

2) Before you write: Know the Philippine “illegal dismissal” framework

A. The two pillars: substantive and procedural due process

A termination is typically tested on two independent grounds:

Substantive due process There must be a just cause or authorized cause recognized by law.
Procedural due process The employer must follow the correct process, including notices and hearing requirements (or, for authorized causes, notice to the employee and to DOLE plus separation pay where required).

A dismissal can be illegal if:

there is no valid cause, even if procedure was followed; or
there is a valid cause but due process was not observed, which can create liability (often through damages/indemnity, depending on the case posture and doctrine).

B. Just causes vs authorized causes (and why your memo must specify which)

Just causes are fault-based grounds attributable to the employee (e.g., serious misconduct, willful disobedience, gross and habitual neglect, fraud or breach of trust, commission of a crime, analogous causes). These generally require the two-notice rule and opportunity to be heard.

Authorized causes are business/economic grounds not based on employee fault (e.g., redundancy, retrenchment to prevent losses, closure/cessation, installation of labor-saving devices, disease under certain conditions). These require written notices and, typically, separation pay, plus notice to DOLE.

Your memo should categorize the dismissal early because the elements and evidence differ.

3) The anatomy of a strong legal memorandum (Philippine context)

Below is a practical blueprint you can follow. Think of it as a template with guidance on what to write in each part.

A. Caption and header

Include:

Title (e.g., Legal Memorandum: Assessment of Illegal Dismissal Claim — [Employee] v. [Employer])
Date
Prepared by (omit if writing anonymously for internal use)
Client/Department
Confidentiality marking (common in practice)

B. Executive summary (optional but highly effective)

In 5–10 sentences:

Identify the type of dismissal and date
State the strongest/weakest points
Give a preliminary conclusion (e.g., “High risk of illegal dismissal due to lack of valid cause and defective procedure.”)
Recommend next steps (document gathering, settlement posture, witnesses)

This section helps decision-makers quickly understand the case.

C. Statement of facts (write like a timeline)

A labor memo lives or dies by chronology. Use:

Employment details: position, start date, status (regular/probationary), salary and benefits, workplace, reporting line
Key events: infractions/allegations, investigations, notices, hearings, preventive suspension, medical exams, business reorganizations, redundancy studies
Termination event: date, mode (verbal, written notice, access cut-off), terminal pay, release/quitclaim (if any)
Post-termination events: filing of complaint, demand letters, negotiations

Best practice:

Present facts neutral in tone and cite documents in parentheses (e.g., “NTE dated 10 May 2025”).
Separate undisputed from disputed facts where necessary.

D. Issues (frame the legal questions precisely)

Common issue formulations:

For just cause cases

Whether the employer had just cause to terminate the employee.
Whether the employer complied with procedural due process (two notices + opportunity to be heard).
Whether the employee is entitled to remedies (reinstatement/backwages or separation pay in lieu, plus other monetary claims).

For authorized cause cases

Whether the termination falls under a valid authorized cause (and whether its statutory elements were met).
Whether the employer complied with notice requirements (employee + DOLE) and paid correct separation pay.
Whether the selection criteria were fair (e.g., redundancy) and whether the program was implemented in good faith.

For special situations

Whether the employee was constructively dismissed.
Whether the employee was regular or probationary and whether standards were made known.
Whether the employee held a position of trust and confidence (if invoked).
Whether there was reprisal/retaliation (union activity, complaint filing).
Whether the employee was an OFW or under special statutes (if applicable).

E. Applicable law and doctrine (organize by topic, not by citation dumps)

Write in short, thematic subsections:

Constitutional and statutory policy Highlight the policy of protection to labor, security of tenure, and due process.
Labor Code termination framework
- Just causes (fault-based)
- Authorized causes (business/economic; disease)
- Due process requirements for each category
Burden of proof In illegal dismissal cases, the employer generally bears the burden to prove that termination was for a valid cause and that due process was observed once dismissal is established.
Standards of evidence Labor cases use “substantial evidence” standard; your memo should align evidence evaluation accordingly.
Remedies and monetary consequences
- Reinstatement (or separation pay in lieu if reinstatement is no longer feasible)
- Full backwages from dismissal until reinstatement/finality (depending on posture)
- Separation pay (authorized causes; or in some cases in lieu of reinstatement)
- Damages and attorney’s fees (when justified)
- Other claims: unpaid wages, 13th month pay, service incentive leave, commissions, etc.
Quitclaims and releases Discuss enforceability factors (voluntariness, reasonable consideration, no vitiation of consent).
Special doctrines
- Preventive suspension limits and effect
- Company policy vs statutory due process
- Management prerogative limits
- Constructive dismissal indicators

Keep this part readable: define each doctrine in 2–6 sentences, then reserve detailed application for the Analysis.

F. Discussion / Analysis (the heart of the memo)

Use an IRAC-style method per issue:

Issue 1: Was there a valid cause?

Step 1 — Identify the alleged cause State what the employer relied on: e.g., serious misconduct, redundancy, retrenchment, etc.

Step 2 — List the legal elements of that cause Do not just name the cause; enumerate what must be shown.

Step 3 — Apply facts to elements

For each element, identify supporting documents and testimony.
Flag gaps: missing incident reports, absence of written policy, inconsistent dates, lack of redundancy studies, no audited financials, etc.

Step 4 — Evaluate credibility and consistency Labor tribunals heavily weigh:

contemporaneous documents,
consistent narratives,
proportionality of penalty (for just causes),
good faith and fairness in business programs (for authorized causes).

Practical analysis pointers (Philippine labor reality):

If the termination was verbal or access was cut off without a written notice, treat it as a major risk factor.
If the ground is loss of trust and confidence, analyze whether the employee handled money/property or held sensitive responsibilities and whether there is a factual basis (mere suspicion is weak).
If the ground is gross and habitual neglect, show patterns and prior documented warnings; one-off lapses are often insufficient.
If the ground is redundancy, the memo should look for a paper trail: new org chart, position abolition, feasibility studies, fair selection criteria, and notices.
If the ground is retrenchment, look for proof of losses or imminent losses and the program’s necessity and fairness.

Issue 2: Was due process followed?

For just cause (two-notice rule) Analyze:

First notice (charge/notice to explain) — Does it specify acts/omissions, dates, and company rules violated? Was reasonable time given to respond?
Opportunity to be heard — Was there a hearing or conference, or at least a real chance to explain?
Second notice — Does it state the decision and grounds, after considering the explanation?

Common defects to flag:

generic accusations with no specifics,
“hearing” that’s perfunctory or not afforded,
decision already made before the employee responded,
notices served after the employee was already barred from work.

For authorized cause Analyze:

Timely written notice to the employee
Timely notice to DOLE
Correct separation pay computation and payment
Good faith implementation and fair criteria (especially in redundancy)

Issue 3: What are the remedies and exposure?

Break this into:

Primary remedy: reinstatement or separation pay in lieu
Backwages: compute baseline exposure (even as estimates)
Other monetary claims: unpaid wages, benefits, 13th month, SIL, etc.
Damages/attorney’s fees: assess likelihood based on bad faith indicators (e.g., harassment, public humiliation, fabricated grounds, retaliation)

Even if you cannot compute exact numbers, provide:

salary base used,
relevant period,
what components are likely included.

G. Counterarguments and risk assessment (make it realistic)

A persuasive memo anticipates the opposing side.

For an employee-leaning memo:

Acknowledge employer defenses (policy violations, business necessity, job abandonment) and explain why evidence is weak or procedure defective.

For an employer-leaning memo:

Acknowledge employee allegations (constructive dismissal, retaliation, lack of hearing) and explain what documents/witnesses can rebut them and what weaknesses remain.

Use a risk scale:

High / Medium / Low risk of illegal dismissal finding
High / Medium / Low risk of damages
Settlement posture suggestion based on evidence strength

H. Conclusion

Provide concise answers to each issue.

Example format:

Valid cause: Not established / Likely established / Uncertain
Due process: Complied / Partially complied / Not complied
Likely outcome: Illegal dismissal / Valid dismissal with procedural defect / Valid dismissal
Remedies: Reinstatement + backwages likely / Separation pay in lieu possible / Limited exposure

I. Recommendations / action plan

Keep this operational:

documents to secure,
witnesses to prepare,
timeline gaps to fix,
settlement range factors,
drafting of position paper/appeal strategy,
corrective HR actions (policy updates, notice templates, training)

4) Core content you should include for common illegal dismissal scenarios

A. Constructive dismissal

Constructive dismissal occurs when continued work becomes impossible, unreasonable, or unlikely; or when there is demotion, diminution of pay/benefits, or harassment that effectively forces resignation.

In your memo, analyze:

changes in job title, duties, reporting line,
reduction of pay or commissions,
forced leave, isolation, humiliation,
impossible quotas or retaliatory transfers,
resignation circumstances (was it voluntary, was there a demand letter, timing).

Evidence checklist:

payroll and payslips, job offer/contract, org charts,
emails/chats ordering transfers or demotions,
incident logs, medical records (if stress-related),
affidavits of co-workers.

B. Probationary employment dismissals

Key points to analyze:

whether the employee was informed of reasonable standards at the start,
whether dismissal was for failure to meet standards or other lawful reasons,
whether due process (as applicable) was observed.

Evidence checklist:

probationary contract, onboarding documents, KPI forms,
performance evaluations, coaching memos, PIP documents,
notices and conference minutes.

C. Abandonment / AWOL

Abandonment is not mere absence; it requires intent to sever the employment relationship.

Memo should analyze:

length and reason for absence,
employer’s notices directing return to work,
employee’s explanations (medical, family emergency),
whether the employee filed a complaint soon after (often inconsistent with intent to abandon).

Evidence checklist:

return-to-work notices with proof of service,
attendance records, leave applications,
medical certificates, communications.

D. Preventive suspension (often a prelude to illegal dismissal claims)

In your memo:

explain the employer’s basis (threat to life/property or to investigation),
check duration limits and whether extensions were justified,
evaluate whether the suspension became punitive without process.

Evidence checklist:

preventive suspension notice, investigation reports, incident descriptions,
HR memos, witness statements.

E. Redundancy / retrenchment / closure

These are frequently litigated. Your memo should cover:

business rationale,
selection criteria fairness and transparency,
notice compliance and separation pay,
indicators of bad faith (e.g., rehiring for the same role, targeting union members, sham redundancy).

Evidence checklist:

board/management resolutions,
audited financial statements (retrenchment),
redundancy studies, comparative role analysis,
DOLE notice receipts, employee notices,
payroll proof of separation pay.

5) Evidence strategy: what “good” looks like in a memo

A. Build a documentary index

Attach or list:

employment contract, job description, handbook,
payslips and payroll register excerpts,
NTEs, explanations, hearing minutes,
termination notice,
DOLE filings (for authorized causes),
performance evaluations,
investigation reports, CCTV logs (if any),
emails/messages relevant to allegations.

In the memo, refer to them consistently:

Exhibit A: Employment Contract
Exhibit B: Notice to Explain dated ___
Exhibit C: Employee Explanation dated ___

B. Create a one-page timeline table (inside the memo)

Even in a text memo, a compact timeline clarifies everything:

Date
Event
Document/Proof
Notes (disputed/undisputed)

C. Identify “fatal gaps” early

Examples:

no first notice / no termination notice,
authorized cause but no DOLE notice,
retrenchment with no credible financial proof,
redundancy but position reappears soon after,
alleged misconduct but no specific policy cited.

A strong memo doesn’t hide gaps—it highlights them and proposes mitigation (if advising employer) or leverage (if advising employee).

6) Style rules: how to make it read like a legal article (not a school essay)

Use headings and short paragraphs.
State the rule in plain language, then apply to facts.
Avoid emotional adjectives; let the facts imply unfairness.
Prefer active voice and dates.
Keep citations (if any) to a minimum in the body; use footnotes if needed in your format.
When facts are incomplete, write: “On the current record…” and explain what evidence is missing and why it matters.

7) Sample outline you can copy (with Philippine labor structure)

LEGAL MEMORANDUM Re: Illegal Dismissal Assessment — [Employee] / [Employer] Date: [Date]

Executive Summary
Statement of Facts
- Employment Background
- Chronology of Events
- Termination and Aftermath
Issues
Applicable Law and Doctrines
- Security of Tenure and Due Process
- Just Causes vs Authorized Causes
- Burden of Proof; Substantial Evidence
- Due Process Requirements
- Remedies and Monetary Consequences
- Quitclaims and Related Considerations
Discussion / Analysis
- Issue 1: Valid Cause
- Issue 2: Due Process
- Issue 3: Remedies/Exposure
- Counterarguments and Risk Assessment
Conclusion
Recommendations / Next Steps
Annexes / Exhibit List
Timeline

8) Common pitfalls (and how to address them in the memo)

Mixing up grounds: Don’t analyze redundancy using just-cause standards (or vice versa).
Skipping the timeline: Without a chronological narrative, your analysis will look speculative.
Assuming regular status: Prove it (dates, nature of work, probation terms, standards).
Ignoring procedural defects: Even a strong substantive case can be weakened by process lapses.
No remedy analysis: Decision-makers care about exposure—quantify or at least bound it.
Overreliance on allegations: Labor cases are evidence-driven; document everything.

9) What “all there is to know” practically means for a memo writer

A complete Philippine illegal dismissal memorandum should cover:

Employment status and key terms (regular/probationary; compensation structure)
Termination category (just vs authorized vs constructive)
Elements of the invoked ground and the evidence for each element
Due process compliance (two-notice rule or DOLE/employee notice + separation pay)
Burden of proof and substantial evidence assessment
Monetary consequences and remedies (reinstatement/backwages/separation pay/damages/fees)
Credibility analysis, document index, and timeline
Counterarguments and risk ranking
Action plan: documents, witnesses, strategy, settlement posture

Done this way, your memorandum functions as both a legal analysis and a litigation playbook—exactly what you want in an illegal dismissal matter in the Philippines.