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Blucor Minerals Corporation, et al. vs Alfredo M. Amarilla, et al.

BLUCOR MINERALS CORPORATION and DENNIS UY, Petitioners, versus ALFREDO M. AMARILLA, WILFREDO C. ALDIANO and GASPAR R. PARCON,[1] Respondents,

G.R. No. 161217 | 2005-05-03

D E C I S I O N


PANGANIBAN, J.:

Not every loss incurred or expected to be incurred by an employer can justify retrenchment. Any claim of actual or potential business losses must satisfy the following established standards: (1) the losses incurred are substantial, not de minimis; (2) the losses are actual or reasonably imminent; (3) the retrenchment can be fairly regarded as necessary and likely to be effective in preventing the expected losses; and (4) sufficient and convincing evidence prove the alleged losses, if already incurred, or the expected imminent losses sought to be forestalled. The failure of the employer to prove by...