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 a high compensation.
Whenever there are doubts about the legality of the cause, it is advisable to have the support of expert dismissal lawyers. Our job is to analyze whether the rights of the affected workers have been respected, and, if not, to claim them both through negotiation and through the courts, to obtain high severance pay.
We manage all kinds of dismissals
Our Legal System recognizes different types of dismissals. Each of them adheres to its own processes and displays differentiated effects. Thus, the company can resort to objective or disciplinary dismissals.
The objective dismissal is caused by factors beyond the control of the company, and therefore it will be obliged to prove it in case of challenge. In addition, it entails the obligation to pay a high compensation and grant advance notice and a period of leave 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 breach of the dismissed person. In this sense, it should be noted that the means of obtaining evidence must be legitimate. If the dismissal is not legal, you can contest and claim high severance pay.
On the other hand, the challenge of the dismissal will lead to its classification as appropriate, unfair or null. Everyone who is in accordance with the law will be appropriate, and in this case the challenge will not achieve anything more than confirm the effects of the same.
Unfair dismissals are those that are unjustified or those that have not respected the due process. In this case we can obtain a high severance pay or reinstatement to the job.
Lastly, null dismissals are those prohibited for being discriminatory or for violating fundamental rights and public liberties. In these cases, a high severance pay can be obtained and annul the effects of the same.
As expert lawyers in dismissals, from Forcam Lawyers we can analyze the form and effects of your dismissal and inform you about the possibility and feasibility of challenging it and obtaining a high severance pay. Likewise, we can help the company to adjust its extinctive decision to legality to avoid lawsuits and sanctions.
We claim hight severance pay
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.
From our office we will advise you on your dismissal, and we will claim the high severance pay.