Nominal Damages

Nominal Damages

Summary ▪ Nominal damages are awarded to an employee who was dismissed for valid cause but due process was not observed. ▪ It is to vindicate or recognize the violation of the employee’s rights. ▪ The amount for nominal damages is discretionary on the court. 1. Concept The law and jurisprudence allow the award of…

Exemplary damages

Exemplary damages

Summary ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner. ▪ If moral damages is awarded, exemplary damages may be awarded as well. 1. Concept Under Article 2229 of the Civil Code, “[e]xemplary or corrective damages are imposed, by way of example or correction for the…

Moral Damages

Moral Damages

Summary ▪ Moral damages may be awarded in certain cases. ▪ Bad faith must be clearly proven. 1. Concept Moral damages are awarded in illegal termination cases when the employer acted: 1) In bad faith or fraud; 2) In a manner oppressive to labor; or, 3) In a manner contrary to morals, good customs, or…