The dismissal is the termination of the employment contract by unilateral decision of the company. While this practice is permitted, it is subject to certain limitations.
For example, there are situations in which the company cannot proceed with the dismissal. On other occasions, you must respect notice periods, or justify your decision and/or pay compensation.
Whenever there are doubts about the legality of the dismissal cause or procedure, it is advisable to have the support of a labor law firm, with expert dismissal lawyers. Our job is to analyze whether the rights of the affected people have been respected and, if not, claim them both through negotiation and judicially.
We manage all kinds of dismissals
Our legal system recognizes different types of dismissals. Each of them uses its own processes and displays differentiated effects. Thus, the company can resort to objective or disciplinary dismissals.
Objective dismissals are caused by factors beyond the control of the company, and therefore it will be obliged to prove them in the event of a challenge. In addition, they entail the obligation to pay compensation and grant advance notice and time off to find a new job.
For its part, disciplinary dismissal does not entail the payment of compensation. However, the company must be able to prove the non-compliance of the dismissed person. In this sense, it should be noted that the means of obtaining evidence must be legitimate.
On the other hand, the contestation of the dismissal will lead to its qualification as appropriate, inappropriate or null. Any dismissal adjusted to the law will be appropriate, and in this case the challenge will not achieve anything more than confirming the effects of the dismissal.
Unjustified dismissals or those that have not respected due procedure are inadmissible. In this case we can obtain a higher compensation or re-entry to the job.
Lastly, dismissals prohibited for being discriminatory or for violating fundamental rights and public liberties are null and void. In these cases, compensation can be obtained and the effects of the dismissal can be annulled.
As labor lawyers, at Forcam Abogados we can analyze the form and effects of your dismissal and inform you about the possibility and feasibility of challenging it. Likewise, we can help the company to adjust its extinctive decision to the legality to avoid lawsuits and sanctions.
We claim compensation: we specialize in high amounts
Compensation is a concept closely linked to dismissal. Sometimes it must be paid for the dismissal to be appropriate, while on other occasions it represents a sanction for terminating the employment relationship without legal protection.
At Forcam Abogados we are specialized in claiming compensation through our labor lawyers. Especially those of high amount, such as those corresponding to workers with seniority and to senior positions and managers.