Here’s a practical, everything-you-need legal guide—Philippine context—on filing and winning a Wrongful Termination (Illegal Dismissal) Complaint. It’s structured for workers, HR, and counsel alike, and covers doctrine, procedure, remedies, and templates you can use immediately.

1) What counts as “wrongful termination” in the Philippines?

Under the Labor Code and jurisprudence, a dismissal is illegal if the employer fails either of the two requirements:

Substantive due process (valid ground)
Procedural due process (correct steps)

You need both for a valid termination. If either fails, the dismissal is wrongful.

Substantive due process (valid grounds)

Terminations are lawful only if they fall under:

Just causes (employee’s fault) — e.g., serious misconduct; willful disobedience; gross and habitual neglect; fraud or breach of trust; commission of a crime against the employer or their family; analogous causes.
Authorized causes (business/health reasons) — e.g., installation of labor-saving devices; redundancy; retrenchment to prevent losses; closure/cessation of business; disease not curable within six months and continued employment is prohibited by law.

Key tests

Serious misconduct: grave, related to work, and done with wrongful intent.

Loss of trust: needs substantial evidence—mere accusation or trivial mistake isn’t enough.

Redundancy/retrenchment: employer must prove good faith and fair criteria (e.g., efficiency, seniority), with business records—not bare allegations.

Disease: must be certified by a competent public health authority; if curable within six months and light work is feasible, dismissal is improper.

Procedural due process (correct steps)

For just causes: the twin-notice and hearing rule
1. First notice (charge sheet): detailed facts and rule violated; give reasonable time to answer (commonly 5 days).
2. Opportunity to be heard: written explanation and/or conference/hearing where the employee can present evidence and rebut witnesses.
3. Second notice (decision): states the specific grounds and evidence relied upon.
For authorized causes: 30-day prior written notice to the employee and to the DOLE; pay the proper separation pay where the law requires.

If the ground is valid but the procedure was defective, dismissal may be upheld but the employer is liable for nominal damages (amount depends on whether the ground is a just or authorized cause under controlling jurisprudence).

2) Who has the burden of proof?

Always the employer—to prove valid cause and due process by substantial evidence (that amount of relevant evidence a reasonable mind might accept). Bare memos, unsigned “investigation notes,” or hearsay often fail. If the employer fails to discharge this burden, the dismissal is presumed illegal.

3) Special employee categories

Probationary employees: may be terminated for just cause or for failure to meet reasonable standards made known at hiring. Due process still applies.
Project/seasonal employees: termination upon project completion/season end is valid if the status and project scope were clearly communicated and proven; otherwise, they may be considered regular.
Fixed-term employees: valid if the fixed term is genuine and freely agreed; if used to defeat security of tenure, courts may treat the employee as regular.
Managerial employees: still protected by due process; loss of trust requires real basis, not mere label “manager.”

4) Constructive dismissal (forced resignation)

Even without a termination memo, it’s wrongful termination if the employer’s acts make continued employment impossible, unreasonable, or unlikely—e.g., demotion, drastic pay cuts, harassment, unsafe/illegal directives, or rotating “floating” without lawful basis beyond a reasonable period. A “resignation” extracted under such conditions is invalid.

5) Remedies if you prove wrongful termination

Reinstatement to the same or equivalent position without loss of seniority; immediately executory once ordered by the Labor Arbiter (employer must physically or payroll-reinstate pending appeal).
Full backwages (basic pay plus regular allowances/benefits) from dismissal until actual reinstatement (or until finality of judgment if separation pay is awarded instead).
Separation pay in lieu of reinstatement when reinstatement is no longer workable (e.g., strained relations, position abolished in bad faith) — typically one month pay per year of service (as judicial relief; distinct from statutory separation pay for authorized-cause terminations).
Damages:
- Moral (if bad faith, malice, or oppressive acts)
- Exemplary (to deter egregious conduct)
- Nominal damages for defective procedure where the dismissal ground is otherwise valid (amount guided by jurisprudence).
Attorney’s fees: typically 10% of the total monetary award when unlawful withholding is shown.
Legal interest: monetary awards earn legal interest following current judicial guidelines (applied from the proper reckoning points set by the courts).

Note on separation pay: For just cause dismissals, separation pay is generally not due (save limited equitable exceptions). For authorized causes, separation pay has statutory rates (differs by ground).

6) Where and how to file

A. Quick pre-filing option: Conciliation-Mediation (SEnA)

You may request Single-Entry Approach (SEnA) with DOLE for speedy, non-litigious settlement (e.g., payroll reinstatement, clearance, quitclaims review). This is optional for illegal dismissal—useful when you want an early, amicable resolution.

B. Main track: NLRC illegal dismissal complaint

Venue: NLRC Regional Arbitration Branch where you worked, were dismissed, or where the employer is.
Filing: Submit a Verified Complaint for Illegal Dismissal with claims (backwages, reinstatement/separation pay, damages, attorney’s fees, monetary claims if any). No need to hire a lawyer to file, though legal help is wise.
Mandatory conference: Initial hearings for conciliation and issues-setting.
Position Papers: Both sides submit evidence (affidavits, payroll records, policies, notices, correspondence, CCTV, emails, chats).
Decision by the Labor Arbiter.
Immediate execution of reinstatement (if ordered) pending appeal—either actual return to work or payroll reinstatement.
Appeal:
- To NLRC within 10 calendar days from receipt of decision.
- Employer must post an appeal bond equal to the monetary award (exclusive of damages/fees) to perfect appeal.
- Further review via a Rule 65 petition to the Court of Appeals, then potential Rule 45 review to the Supreme Court on pure questions of law.

7) Deadlines and prescription

Illegal dismissal actions generally prescribe in four (4) years (injury to rights).
Money claims not anchored on illegal dismissal (e.g., overtime, holiday pay) prescribe in three (3) years.
Filing early is best—evidence goes stale, witnesses move, and interest calculations are affected.

8) Evidence strategy that wins cases

From the employee’s side

Termination documents: first/second notices, investigation invites, memos.
Employment records: contract, job description, performance reviews, KPIs, probationary standards given at hiring.
Communications: emails/chats/texts showing reasons given, timelines, refusal to reinstate, pressure to resign, or discriminatory remarks.
Payroll: payslips, 13th-month, allowance history.
Comparatives: proof of selective enforcement or pretext (others similarly situated not disciplined).
Medical/OSH records** (for disease or safety disputes).
Affidavits: your sworn narrative + corroborating witnesses.
For redundancy/retrenchment challenges: ask for DOLE notices, board resolutions, audited financials, organograms, criteria and scoring sheets—their absence is telling.

From the employer’s side (what you should demand they produce)

Detailed charge sheet describing acts, dates, policy breached.
Proof of investigation: minutes, evidence, attendance sheets, hearing notice with reasonable time to answer.
Findings memo showing objective evaluation.
Authorized-cause papers: DOLE notice, 30-day employee notice, separation pay computations and proof of payment, business records for redundancy/retrenchment.

9) Quitclaims, waivers, and “settlement offers”

A quitclaim doesn’t automatically bar an illegal dismissal case. Courts nullify quitclaims if obtained through fraud, coercion, or for unconscionably low consideration. If you’ll sign, insist on: (a) clear breakdown of benefits, (b) reasonable consideration, (c) adequate time to study, (d) the opportunity to consult counsel.

10) Practical playbooks

Employee playbook (checklist)

Write your timeline immediately; attach proof.
Request records (personnel file, HR memos, policies relied on, DOLE notice if authorized cause).
File SEnA (optional) or go straight to NLRC.
In pleadings, attack the ground (no valid cause) and the procedure (no due process).
Ask for reinstatement with backwages, or separation pay in lieu + damages + attorney’s fees + legal interest.
If a reinstatement order issues, enforce it—it’s immediately executory.

Employer compliance playbook (to avoid losing)

Use progressive discipline and keep paper trails.
Serve specific, dated first notices; give adequate time to answer; hold a genuine hearing.
Issue a reasoned decision notice.
For authorized causes, serve 30-day dual notices (employee + DOLE) and pay statutory separation pay on time.
Keep objective selection criteria for redundancy/retrenchment and back them with records.

11) Typical outcomes

Illegal dismissal proven → reinstatement + backwages (or separation pay instead) + damages + attorney’s fees + interest.
Valid ground, bad procedure → dismissal stands but nominal damages are awarded.
Authorized cause not proven (e.g., sham redundancy) → treated as illegal dismissal with full reliefs.

12) Templates you can adapt

A) Verified Complaint (NLRC) — Skeleton

NLRC REGIONAL ARBITRATION BRANCH ___
[City]

[Your Name], Complainant,
vs.
[Employer Name], Respondent.
NLRC Case No. ______

VERIFIED COMPLAINT FOR ILLEGAL DISMISSAL,
REINSTATEMENT/SEPARATION PAY, BACKWAGES,
DAMAGES, ATTORNEY’S FEES, AND OTHER MONETARY CLAIMS

1. Parties and addresses: [state].
2. Employment: Position, salary, start date, employment status.
3. Dismissal: Date, manner (notice received or forced resignation), stated reason.
4. Grounds for illegality:
   a. Lack of substantive due process: [why the alleged ground is invalid/unsupported].
   b. Lack of procedural due process: [no first/second notice, no real hearing, etc.].
5. Reliefs:
   - Reinstatement without loss of seniority or separation pay in lieu;
   - Full backwages with allowances/benefits from dismissal until reinstatement/finality;
   - Moral and exemplary damages;
   - Attorney’s fees at 10% of the total award;
   - Legal interest as allowed by law;
   - Other monetary claims (if any).
6. Annexes: [list all evidence].

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
[standard form language]
[Signature over printed name]

B) Employee’s Position Paper — Outline

I. Antecedent Facts and Issues
II. Arguments
   A. Dismissal lacks just/authorized cause (substantive due process)
      - Elements of the alleged ground and employer’s failure of proof
      - Inconsistencies/pretext; comparative treatment
   B. Dismissal violated procedural due process
      - Twin-notice defects; sham hearing; lack of reasonable time
   C. Remedies and Computations
      - Backwages (define period and inclusions)
      - Reinstatement or separation pay in lieu
      - Damages and attorney’s fees; legal interest
III. Prayer
IV. Annexes (marked and tabbed)

C) Notice to Produce (for redundancy/retrenchment challenges)

Please produce within five (5) days:
1) DOLE 30-day prior notice and proof of receipt/filing;
2) Board resolutions and audited financial statements (for retrenchment);
3) Manpower complement before/after the program; new and old organograms;
4) Objective selection criteria and scoring sheets; affected employee lists.

13) FAQs and fine points

Can the employer “cure” due-process defects after dismissal? No. Post-hoc meetings rarely satisfy the twin-notice rule.
Is return-to-work pending the case mandatory? Only if a reinstatement order is issued; then it’s immediately executory even on appeal.
I “resigned” but was pressured. That’s potentially constructive dismissal—challenge the voluntariness and show coercive acts.
What if I’m a probationary hire? Employer must prove standards were communicated at hiring and that you failed them, with due process.
What if business closed? Genuine closure is an authorized cause, but employers must serve 30-day notices and, in many cases, pay separation pay (except certain closures due to serious losses).
What about tax on awards? Backwages are generally taxable compensation income; moral/exemplary damages follow tax rules for damages applicable at the time of receipt—consult a tax professional.

14) Actionable next steps (employee)

Write your timeline (dates, persons, quotes).
Gather evidence (contracts, notices, chats, emails, payslips, KPIs).
Decide: SEnA (conciliation) or NLRC filing now.
Prepare your Verified Complaint and Position Paper using the templates.
Claim reinstatement; if hostile, separation pay in lieu as alternative relief.
Enforce reinstatement if granted; don’t let the employer delay payroll reinstatement.

If you want, I can turn your facts into a ready-to-file NLRC complaint, compute backwages and separation pay with a worksheet, or draft position paper arguments tailored to your ground (misconduct, redundancy, etc.).