One of the first things you should do if you are a victim of an unjustified dismissal is to try to find out the real reasons why you were fired. To investigate why you were dismissed, the most formal approach is to send your employer a written request with a date by certified mail. By law, the employer must respond within the first 10 days with a letter stating the reasons for your dismissal. If this does not happen, you can resort to legal representation from a labor attorney who can handle your case in the best way possible.
How Much Time Do I Have to Proceed with an Unjustified Dismissal?
On the other hand, it is most important that you act quickly. Many labor laws have time limits, which are called "statutes of limitations", these deadlines require you to act quickly if you wish to request any type of compensation for being a victim of dismissal without apparent cause.
Some deadlines expire around six months after you lose your job. If you do not act before the deadline, it is possible that this particular law will no longer protect you and it will be more difficult for you to win your case. A labor attorney can help you determine the time limits that apply to your situation and, of course, help you meet a deadline in a timely manner and an expedited process that allows you to conduct a controlled case.
If you consider it necessary, you should contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or writing to us via WhatsApp so that you can receive the best free legal advice, and in this way we can help you obtain the highest possible compensation.
How Can I Speed Up My Unjustified Dismissal Case?
To understand if your dismissal was legal, you need to know what type of employment relationship you had with your employer. Some employees have individual employment contracts, written or implied so union workers may have collective bargaining agreements. Public employees may be protected by national and local laws or regulations, so you should check the letters you have received inviting you to apply for the position, the job offer, new employee orientation documents or employee manuals you have received, the contracts or agreements you have. Signed union contracts, or the laws and regulations applicable to your job and your personnel file.
If your job was called "at will", this means that an employer can dismiss any employee at any time, for any reason or for no reason, without your employer having to give advance notice that you will be dismissed.
There are three exceptions to these rules:
- If you and the employer changed your rights by signing an agreement. Still, having one is still beyond the reach of the average person.
- For "good cause", which means having a just and genuine reason for making the decision.
- If the employer is a large company and a special situation, such as the closing of a factory or mass dismissal, requires advance notice.
If you had a written individual employment contract: the contract may indicate when and why the employer can dismiss you. It can indicate the amount of severance you should receive and whether the employer must impose a less severe penalty before they dismiss you.
It may describe the complaint procedures that you and the employer must follow before and after dismissal. The agreement may also grant certain rights if you are dismissed.Read your contract and all other documents carefully with your labor attorney. If you have any questions, do not hesitate to ask your legal representative for the most convenient course of action.
If you had an implied employment contract the employer can say that you are an at-will employee. However, statements written in employee or manager manuals, orientation materials, policy manuals, etc. may be "implied" employment contracts. Because the employer provided you with these materials, you can rely on the employer doing what the material says, even if it is not an official contract.
Remember that if you have any doubt about being a victim of an unjustified dismissal and want to know how to identify a case of unjustified dismissal, you should contact the Conexión Legal team as soon as possible so we can put you in touch with an ethical and experienced labor attorney, who can offer you the best free legal advice.
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