Lewd Remarks in Work Chats Can Get You Terminated, Supreme Court Rules

(SPOT.ph) The Supreme Court of the Philippines has ruled that sending lewd remarks on workplace communication platforms is a "just cause of terminating one's employment" following a worker's conviction for participating in sexually-charged conversations—even for something as simple as replying “hahaha.”

The Supreme Court's 16-page ruling noted that Janssen D. Perez had been with JP Morgan Chase as a customer service representative under the human resoures department since 2008.

In May 2014, Perez was issued a Notice to Explain by JP Morgan Chase officials for allegations of engaging in sexual conversations about agents, supervisors, and fellow employees using “offensive, obscene, and disrespectful language” via the Office Communicator, the internal chatroom for staff members.

The labor arbiters ruled in favor of Perez initially. However, upon review, both the Court of Appeals and the Supreme Court found that Perez's involvement in the work chat constitutes serious misconduct, resulting in his lawful termination a few months later in October 2014.

Also read: What Constitutes as Rape? No Penetration Necessary, Supreme Court Rules

Supreme Court: Lewd messages in work group chats is a serious misconduct

The conversation between Perez and co-workers makes several sexual references to female employees (with such lewd remarks like: “send ko senyo pie namin habang dinidilaan ko tinggil nya" "kinain nyo ba puke nya," "halos luwa na dede, " "sarap ikiskis yung ulo ng etits ko sa katawan nya,” among many others). On top of that, he had also forwarded work emails to his personal email address.

In earlier hearings, Perez stated that he had only replied with "hahaha" and "up down up down left right left right” in the chatroom, refuting other claims of using profane language. However, the Supreme Court said his admission had only “bolstered the correctness” of the Court of Appeals’ ruling in 2021.

"Actively participating in profane conversations with coworkers using company resources during office hours...amount[s] to serious misconduct, which is a just cause of terminating one's employment," SC Senior Associate Justice Marvic Leonen said in the November 2023 ruling.

The nature of his position also played a role in the court's decision. Perez had already been with JP Morgan Chase for more than six years when the issue took place. Because of this, he was already expected to be “a good example in the implementation of the company policies” as a human resources employee.

“His transgressions patently relate to the performance of his duties as part of the Human Resources Department, expected as he was to exhibit good conduct. His acts rendered him unfit to continue working for respondent. Thus, for committing serious misconduct, petitioner was validly terminated for a just cause,” the Supreme Court said in the November 2023 ruling.

In addition to that, JP Morgan Chase's company policy presumes that all office emails are confidential, which is why Perez was also convicted with intentional violation of the company rules with his forwarded email.

Also read: Cheating on Your Wife Is Considered Psychological Violence by Supreme Court