Understanding Unexpected Terminations and Your Rights
Unexpected terminations can leave employees feeling uncertain about their next steps. Companies sometimes fail to provide adequate notice before terminating an employee, leaving them unaware of their rights and the proper course of action. This article aims to clarify what employees should do when facing such situations.
The Impact of Sudden Terminations
According to Indeed, sudden terminations can create significant uncertainty for employees. However, managing these situations effectively allows workers to quickly resume their routines and explore new professional opportunities. In some cases, a termination might even present an opportunity for career advancement by pushing individuals out of their comfort zones.
Legal Requirements for Terminations
José Sesma, a labor lawyer at Sales Boyoli, emphasizes that employers must have justifiable reasons for terminating an employee. If a termination lacks proper cause, the worker is entitled to specific compensations:
- Proportional vacation pay based on the date of termination
- Vacation bonus
- Proportional Christmas bonus
- Three months’ worth of daily wage as severance pay
- Seniority bonus
Sesma advises employees not to sign anything without understanding their rights and seeking legal advice if necessary. He recommends consulting a lawyer, informing the employer that you will review any documents before signing.
Clarity on Termination Reasons
Gabriel Abarca Villamonte, head of Abarca Abogados, stresses the importance of clear communication regarding termination reasons. Both verbally and in writing, employees should be informed about the events leading to their dismissal.
Abarca advises against signing documents under pressure or uncertainty. If the relationship ends, employees should differentiate between mutual agreement termination (allowing a severance package) and unilateral dismissal (entitling them to a termination payment instead).
Steps After a Termination (Indeed’s Recommendations)
- Request Full Termination Reason: Immediately ask the company for a complete explanation of the termination reasons upon receiving the news.
- Explore Other Job Opportunities: Consult with employers about available job opportunities within the company to analyze various solutions.
- Act Professionally: If no alternative remains within the current team, take steps to ensure an amicable departure.
- Reflect and Take Care of Yourself: Attend to personal needs by acknowledging both positive and negative aspects of the previous job.
- Update Your Resume: Regularly update your resume, especially if you’ve been in the workforce for several years.
- Start Job Searching: After updating your resume, begin searching for jobs in your field of interest.
- Enhance Hard and Soft Skills: While job hunting, participate in programs or courses to boost technical and interpersonal skills.
- Practice for Interviews: Allocate extra time to prepare for future job interviews.
- Prepare a Response About Your Termination: Anticipate potential questions about your termination during job interviews, as it’s a common occurrence.
Relevant Documents and Proofs
José Sesma advises employees to keep pay stubs handy, as it’s the employer’s responsibility to provide digital tax receipts with each salary payment. These records can verify actual daily wages, bonuses, and labor documentation, including the employment contract.
Gabriel Abarca highlights the importance of having an IMSS registration, which shows the employee’s salary and employment start date. Additionally, possessing a copy of the individual labor contract can outline job functions, schedule, immediate supervisors, and rest days.
Where to Seek Help
José Sesma suggests visiting the Centro de Conciliación for a conciliation audience if an employee disagrees with their termination compensation. If legal representation is unavailable, the Procuraduría de la Defensa del Trabajo can assign a free lawyer.
Gabriel Abarca recommends consulting a labor law specialist. If resources are limited, the Centro de Conciliación Federal can provide assistance.
