I have been fired: What do I do?

Being laid off from a job can be a stressful and confusing experience. It is essential to act quickly and informedly to protect your employment rights and plan your next steps. Here I provide steps on what you should do if you find yourself in this situation.

1. Collect information

While it’s natural to feel affected by the news, it’s crucial to gather as much information as possible about your termination. Save the dismissal letter detailing the reasons for dismissal and the conditions. This letter and the timeframe in which it has been notified will be critical for any future legal action. If you have been fired verbally, go to a professional as soon as possible so that they can prepare a written communication to the company (burofax) or assess what is appropriate depending on your specific case.

2. Review your employment contract, Collective Agreement and your payroll.

Review your employment contract and the collective agreement applicable to your sector. These documents contain essential information about the rights and obligations of both the employer and the employee.

3. Consult with a labor professional

It is highly recommended to consult with a labor lawyer to evaluate the legality of the dismissal, within 20 business days of notification. An expert professional will be able to advise you on the options available and the steps to follow. If you are in Catalonia, I will be happy to offer you my specialized assistance.

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4. Request the corresponding documentation

Make sure you receive all documentation related to your termination, including:

  • Letter of dismissal.
  • Company certificate.
  • Settlement or settlement of pending salaries.
  • Certificate of Social Security contributions.

5. Check compensation

The letter may indicate a disciplinary or objective dismissal. A lawsuit can be filed. In the event of unfair or null dismissal, you are entitled to compensation. The amount will depend on several factors, such as length of service at the company and salary. It is crucial that this compensation be reviewed by a labor lawyer to verify that the compensation offered is fair and in accordance with the law.

6. Deadlines to claim

You should be aware that there are legal deadlines for filing a claim for unfair or void dismissal. In Spain, the period is 20 business days from its notification. From reading the letter, nuances can be gleaned that will be assessed in the specific case. Acting within this period is vital to the viability of your claim

7. Apply for unemployment

If you are legally unemployed, you can apply for unemployment benefits (unemployment). To do this, you must register as a job seeker with the State Public Employment Service (SEPE) and submit the application within 15 business days following the end of your employment relationship.

8. Reevaluate your career options

A layoff can be an opportunity to reevaluate your career. Consider options such as continuing training, finding new jobs in your industry, or even a career change. There are numerous resources and support programs in this regard.

Conclusion

Being fired is not the end of your career, but the beginning of a new stage. Acting quickly and informedly is key to protecting your rights and ensuring the smoothest transition possible. If you need legal advice, please do not hesitate to contact me. As a labor lawyer with more than twenty years in the legal sector and 17 years practicing. I am here to help you navigate this challenge and find the best solutions for your situation.

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