The first thing you should do if you are fired, especially during times of covid-19, is to find out why you were fired. To know why you were fired, send your employer a written and dated request via certified mail. By law, the employer must respond within 10 days with a letter stating the reasons for your dismissal.
Likewise, you should also speak with a lawyer. To do this, you should contact Conexión Legal in order to receive free advice, and if applicable, support in finding a wrongful termination lawyer who can help you obtain your compensation. This publication can help you understand your rights in general and in turn, will guide you to find out any information regarding your specific situation with the help of a lawyer.
On the other hand, the most important thing is that you act quickly. Many labor laws have deadlines. They are called "statutes of limitations". These deadlines require that you act fast. Some deadlines expire just a few months after you lose your job. If you do not act before the deadline expires, that particular law might no longer protect you. A lawyer can help you find out what deadlines apply to your situation.
Now, to understand if your dismissal was legal, you need to know what type of employment relationship you had with your employer.
Some employees have written or implied individual employment contracts. Workers in a union may have collective bargaining agreements. Public employees may be protected by state, local, or regulatory laws.
To find out your employment relationship, you should look at letters you received inviting you to apply for the job, in which you were offered the job, orientation materials for new employees or employee manuals you received, contracts or agreements you signed, union contracts, or laws and regulations applicable to your job and your personnel file; which you can obtain from the employer's human resources representative.
If you have questions about your employment relationship, speak with the human resources representative. The human resources representative may view things from the employer's perspective, not yours. If you think you suffered wrongful termination, contact Conexión Legal immediately so we can provide you with free advice.
If your job was called 'at will', an employer can fire any at-will employee at any time, for any reason or for no reason at all. The employer does not have to give advance notice to the at-will employee about the termination.
There are three exceptions to these rules: if you and the employer changed your rights by entering into a contract. Even so, generally they can still fire you for just cause. "Just cause" means a "fair and genuine reason". Examples include: possession or use of drugs or alcohol, theft, absenteeism, incompetence, and lying.
If the employer is a large company, and a special situation such as a factory closure or mass layoff occurs, it requires that advance notice of the termination be given. If you had a written individual employment agreement: the agreement could state when and why the employer can fire you. It could indicate how much notice you must receive, and whether the employer must impose a less severe penalty before being able to fire you.
It could indicate the grievance procedures that you and the employer must follow before and after termination. Additionally, the agreement could give you certain rights if you are fired.
Read your contract carefully. Read any other document that is mentioned. If you have questions, speak with the employer's human resources representative or with a lawyer.
If you had an implied employment contract: The employer could say that you are an at-will employee. However, written statements in employee or supervisor manuals, orientation materials, policy manuals, etc. may be "implied" labor contracts. Since the employer gave you these materials, you can rely on them to do what the materials say, even though it is not an official contract.
By contacting us, you will receive free advice and subsequently, representation in court of high ethical standards, transparent and, mainly, in your language, with which we will ensure that your rights are protected to help you build the strongest possible case to request compensation.
If you are affected and need to request compensation for wrongful termination, call Conexión Legal at 1800 201 1220 or write to us via WhatsApp for a free consultation with one of the termination lawyers we will make available to you.
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