Career

Dismissal for just cause: what is it and what are your rights?

When being fired for just cause, an employee loses a series of rights. Want to know what these are? Check out the complete list in our text.

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Find out what happens when you are fired for just cause

Mulher enfrenta demissão por justa causa
Understand what rights the employee has access to. Source: Freepik.

Dismissal for just cause is a unique scenario that has some consequences for the employee. However, do you know what these are?

We have created a guide that can help you understand the reasons that justify this type of dismissal and what rights the employee has in this case.

Unfair dismissal: what are your rights?

Learn about another type of dismissal that can occur with an employee.

Therefore, it is important that you read the article until the end to be prepared if you encounter this situation. 

Knowing your rights and duties makes it possible to act more assertively and avoid losses. So, continue reading to find out everything about the topic and clarify your doubts completely.

What is dismissal for just cause?

Jovem frustrado com demissão
The characteristics of this type of dismissal are unique, find out more here. Source: Freepik.

Dismissal for just cause occurs when a worker is dismissed from the company for having caused serious problems, losses or uncomfortable situations in the work environment.

There is a list of reasons that can lead to this type of dismissal, which we will discuss in more detail later in this text.

However, at this point the reader needs to know that this type of shutdown causes losses. For example: the loss of some labor rights.

To find out what these rights are, continue reading the text and delve deeper into the next topics below.

Personal marketing: how does it work?

Find out how to become a reference in the job market with these tips.

How does dismissal for just cause work?

Dismissal for just cause works as a quick way for the company to dismiss an employee who has caused serious problems.

Therefore, in this modality there is no need for a month's notice from the contractor.

The law allows this type of dismissal, predicting that there may be cases in which the employee causes problems for the company and his co-workers.

Therefore, the process is legal, regardless of the loss of rights.

What is the difference between dismissal for just cause and dismissal without just cause?

Firstly, we can mention as one of the main differences between dismissal for just cause and dismissal without just cause the fact that, in the second of these types, the employee receives more financial benefits.

At the same time, when fired without any justification, the employee can still choose to work for another 30 days or receive the amount corresponding to their notice period.

This choice is not available in the case of just cause.

What are the main reasons for this type of dismissal?

Among the main reasons that justify dismissal for just cause we can mention bad behavior in the workplace. For example: racist, sexist and homophobic attitudes.

On the other hand, employees who behave well but are frequently late and absent may also face this type of termination.

Embezzlement of money or any other crimes committed within the workspace are also reasons that can lead to dismissal for just cause.

Finally, there are also cases where the employee disobeys company policy orders. Therefore, it is important to know the internal rules to avoid this type of dismissal.

What rights are lost upon dismissal for just cause?

Do you want to know what rights a person loses when facing dismissal for just cause? We made a list of these, check it out below:

  • Value of indemnified prior notice (if this is not complied with);
  • Proportional amount of vacation, amounting to ⅓ of the total;
  • Value proportional to the number of months worked in the thirteenth;
  • Value of 40% accumulated in the FGTS;
  • Unemployment insurance;
  • FGTS balance.

Know that all these benefits are available to anyone who is fired without causing problems for the company. Therefore, it is more advisable to avoid dismissal for just cause.

What are the rights of a dismissed worker?

However, a person who is dismissed for just cause does not lose all their rights! It is still possible to count on some benefits such as:

  • Value proportional to the salary for the days worked that month;
  • Expired vacations;
  • Family salary proportional to days worked.

How to return to the job market after dismissal?

Homem em entrevista de emprego
With some renewals on your resume, you can return to the job market. Source: Freepik.

Dismissal for just cause can make the process of searching for a new job a little more difficult. This is because the information that the employee was fired in this way will appear in the Employment Card.

However, despite being a small stain on the employee's reputation, many companies still offer job opportunities for those who have faced this process.

Our recommendation is that, if you are fired in this way, you strive to make your CV attractive to the job market. Therefore, contractors may overlook this fact and hire you due to your professional value.

An alternative to becoming a more interesting professional is to take courses and specializations in your area! These can boost your CV and prevent hiring managers from getting carried away by the conditions of the previous dismissal.

Finally, if you want to know some platform options that offer free courses, how about reading an article listed below on the topic on our website? We can help you choose the best sources of knowledge available.

Free online courses

Check out the best free course platforms on the internet.

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