Wrongful dismissal and severance

When is a dismissal wrongful?

A dismissal is wrongful when the employer ends the relationship without a legal cause, or when it does so without the formal notice and procedure required by the Federal Labor Law. Constructive dismissal (resignation forced by the employer's conduct) is also protected.

What you are entitled to

• Constitutional severance: three months of salary plus twenty days of salary per year worked
• Final pay: earned wages, proportional vacation, vacation premium, year-end bonus and other accrued benefits
• Unpaid wages: salaries owed from the dismissal until the claim is resolved, when applicable
• Seniority premium and other benefits depending on the case

The 2-month deadline

Claims arising from the termination generally must be filed within two months of the dismissal. Missing this deadline can extinguish the claim, so it is important to act quickly.

How the process works

• Conciliation: before filing, the case goes through the labor conciliation authority
• Claim: if conciliation fails, we file before the labor court
• Hearing: the parties present evidence and arguments
• Judgment and enforcement

What you need

• Employment contract, if there is one, or any proof of the relationship
• Pay slips, bank transfers or payment receipts
• Company ID, badge, uniform or messages with the employer
• Schedules, attendance records and witness information

Frequent questions

What if I resigned? If the resignation was forced by the employer's conduct, it may still be challenged. Evidence matters.

Can we settle? Yes, a settlement approved by the authority can end the case with a negotiated amount.

Does English matter? We serve English-speaking clients and can explain each step in English.