Dismissal without just cause is more common than you might think. This can catch an employee by surprise and leave him without a job, however, it still gives the former employee some rights.

Do you know what these rights are and are you prepared to charge the company if there is an error?

In this text we have created a complete guide on the subject to help you know all your rights if you face this type of dismissal.

Therefore, read until the end and be prepared, knowing all the details about the subject and knowing how to prepare if you are fired without just cause.

Unfair dismissal occurs when an employee is dismissed from the company without any legal reason. In other words, there were no fights, lawsuits or any other action that justified dismissal by the employer.

Therefore, in this scenario the company must pay some benefits such as compensation and penalties for its employee. Therefore, despite being caught by surprise, the worker is not completely helpless.

Do you want to know more about the subject and discover how this process works? Therefore, continue reading the text and obtain more information that can help you prepare for situations like this.

In the case of unfair dismissal, the employer must notify the employee 30 days in advance that he or she must leave his or her position. Another alternative is to pay the advance notice and dismiss the employee at that time.

For the company, this type of dismissal is the most bureaucratic and requires effort from HR professionals. Therefore, we recommend that employees are aware of their rights and make demands if they notice that any of these are missing.

However, before proceeding with this matter, we believe it is necessary to point out the difference between this model of dismissal and the just cause dimension. Therefore, read the next topic to make this comparison.

Unlike unfair dismissal, dismissal for just cause occurs when the employee gave reasons for the company to send him away. For example: causing problems in the workplace, fighting with employees or even stealing.

In general, if an employee harms the company in any way, it is possible to trigger dismissal for just cause.

However, in this case the worker is harmed and does not receive the benefits and assistance that they would receive in other dismissal processes. The employee cannot even have access to the amount that would be received for their vacation or the proportional amount of their thirteenth salary.

Unfair dismissal can occur for a variety of reasons. For example: if an employee performs below an employer's expectations, the employee may be fired and entitled to full benefits.

At the same time, it is also common for companies, when restructuring their staff or cutting costs, to lay off employees. 

You may have also heard of another very common situation. When an employee has a bad relationship with their boss or team they may end up being fired in this way.

Finally, small errors that do not justify dismissal for just cause, such as delays and absences, can also make people who manage a company choose to terminate an employee without just cause.

Finally, do you want to know what the rights of those facing unfair dismissal are? We have prepared a list that mentions all these benefits.

Therefore, continue reading and check if you received what is stipulated by law:

One of the positive points of unfair dismissal is that it does not tarnish a worker's resume in future interviews. Therefore, returning to the job market may be easier than that of an employee who faced dismissal for just cause.

At the same time, all benefits must yield an amount that helps the worker survive until they find their next paycheck.

Therefore, our recommendation is that, after facing dismissal, you seek to update yourself on market trends through courses and short classes. Then, update your resume and, finally, reapply for the jobs you want.

Make a point of highlighting that you were fired without just cause whenever they ask and demonstrate that you have experience in your field whenever possible.

Finally, if you want to check out some options for websites that offer free courses and can help you stay up to date, read our article below on the topic! We can help you on this journey back to the job market.