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Have you suffered an unjustified dismissal due to COVID-19? The pandemic that has plagued the entire world since last December has transformed people's daily routines from working from home, the way we interact, what we eat, to our purchasing power and employment; and it is that the economy in the United States has changed completely, restaurants forced to close their doors, businesses without raw materials, reduced demand for products, airlines with hundreds of cancellations, among other affected markets, which mean for workers, one of 2 situations:
- Hundreds of people have lost their jobs.
- Hundreds of workers are receiving reduced salaries.
This becomes a vicious cycle for the economy while the world is in crisis due to the pandemic, and it is that to activate the economy it is necessary for people to spend their money, but they are not spending the little they receive because it is less than usual and because there is nowhere to spend it.
Thus we find ourselves with companies that reduce working hours, others that dismiss employees and a few others that implement Home Office, although the latter is more about reducing the risk of contagion, the first two are seeking adaptation of companies to the current market.
Can I be dismissed unilaterally?
The short answer is yes, but it has a couple of variables that must be considered to identify whether it is legal or not, unjustified or not. A company can dismiss its employees during the coronavirus crisis, but not because of it and if it does it would be an unjustified dismissal due to COVID-19; this means that the crisis is a temporary situation, that if it forces a company to close, the employer can suspend the contract, that is temporarily stop the contractual relationship without affecting the employee's seniority.But if the company was experiencing a reorganization of its workforce or poor financial situation before the crisis, which is worsened by the virus, it can terminate the employment contract without prejudice to the legal conditions established for that purpose.
What to do in case of unjustified dismissal due to Covid-19
If I suffer an unjustified dismissal, do I have any rights?
Any employee who is dismissed regardless of the reason, has the right to compensation proportional to the time worked, to access the state unemployment insurance, and in the case of an unjustified dismissal due to coronavirus, access to monetary compensation or reinstatement of the worker.At Conexión Legal we offer free advice for cases of unjustified dismissal; contact us through this channel via the WhatsApp icon or Schedule your Consultation and explore the alternatives to solve your case.
Are the company's economic problems a just cause for dismissal?
As long as the company has the means to prove that due to its economic activity it has a negative account balance, it will be an objective dismissal, that is, that there is no breach by either party.
What should I do if I receive a dismissal letter?
First of all, you should not sign it, as doing so means accepting the conditions, the best thing to do when receiving this letter is to seek legal advice to verify that the reasons for the dismissal are valid. Remember that at Conexión Legal you can receive free and immediate legal advice 24/7.
Can I be dismissed if I am sick?
Regardless of whether the illness is related to Coronavirus or not, a dismissal for this reason is improper, and in this case it would be an unjustified dismissal due to COVID-19, because whatever the ailment, each employee has the right to paid sick days that must be used for health recovery, to the point where the worker can perform his or her duties.
It is very important to keep in mind that while a large percentage of employment relationships in the United States are at-will, there is a list of misconduct that an employee can commit that makes their dismissal legal, among them are:
- Constant incompetence.
- Violation of company policies.
- Physical violence.
- Drugs and alcohol, among others
Consult the different types of dismissal and if you believe your dismissal was unjustified or that your rights have been violated by your employer, contact Conexión Legal and our professionals will provide you with the best advice.
Source: The New York TimesFollow the steps in the following form to schedule your free consultation appointment.
