What should we do in the event of a dismissal?

We are never ready when the company where we provide our services informs us of our dismissal. And this can happen at any time.

Emotions overwhelm us, and suddenly we don't know what to do. We discuss it with our closest environment, our partner and family, and perhaps also with friends.

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Today for tomorrow we no longer have the daily routine, of getting up early and going to work, since we cannot forget that we spend most of our lives in the workplace, whatever it may be. When the routine is taken away from us, beyond our will, we do not know what to do or how to act, especially when the dismissal is effective the moment we receive the letter.

In these cases, as well as when the company notifies us of prior notice (that is, when the dismissal will take effect later), it is important to go as soon as possible to a law firm specialized in labor law to receive the legal advice we need.

And it is important that this first visit is made in the days immediately following notification of dismissal because, in the case of being entitled to receive financial compensation or compensation, we only have 40 working days to claim it. Otherwise, we will have lost the possibility of obtaining what is rightfully ours.

On this first visit it is necessary that we provide our labor lawyer with a copy of the employment contract, the last 12 salary bulletins, the extract of points from the CASS of the last year and especially the letter of dismissal. And it is very important to always remember the exact date on which the company notified us of this dismissal.

Then it will be the lawyer who will ask us for the information and documentation you need. If, after examining it, it comes to the conclusion that we are entitled to receive compensation or compensation or any having to work (pending holidays, salary, holidays worked...) pending, the lawyer will always try to negotiate effectively directly with the company. Or with your lawyer if the company is already advised by another lawyer.

Only in the event that the negotiation has not been effective, and always with our prior and express consent, the lawyer will initiate labor proceedings against the company where he will claim all labor concepts to which we are entitled, and will also claim procedural costs (our fees and those of the attorney, as well as court fees).

It is important that, in the event of a dismissal made by the company, we contact a lawyer because not all dismissals give the right to financial compensation or compensation, although we can always claim the outstanding work assets within 1 year.

And above all, it is important that we know that not every breach by us of the labor law or the employment contract justifies a dismissal or a suspension of salary and employment. Labor law is more complex than it seems because you must always have knowledge of the jurisprudence of the courts, which tends to protect workers.

That is why it is important to go to a good lawyer specialized in labor law and in our office you will find the ideal professionals in this specialty.

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Pilar Comella Canut

Lawyer