Best Wrongful Termination Lawyers in Guia

About Wrongful Termination Law in Guia, Spain

Wrongful termination in Spain typically refers to a dismissal that is unfair, null, or procedurally defective under Spanish employment law. In Spanish the main terms you will see are despido disciplinario, despido objetivo, despido colectivo and the legal outcomes of nulo, improcedente or procedente. National employment law applies across Spain, but practical steps and local support in Guia follow the same national procedures supplemented by regional employment services in the Canary Islands. If your employer fires you, you generally have a right to challenge the dismissal before the labour courts - the Juzgados de lo Social - and to seek either reinstatement with back pay or financial compensation depending on the classification of the dismissal.

Why You May Need a Lawyer

Wrongful termination claims often involve technical legal rules, strict deadlines and potentially complex calculations of pay and damages. A lawyer experienced in Spanish employment law can help you by:

- Assessing whether the dismissal is disciplinary, objective, collective or null.

- Checking whether your employer followed correct procedure and provided the required written notice and documentation.

- Advising you about the likely remedies available - reinstatement, back pay or monetary compensation - and estimating amounts.

- Preparing and filing the mandatory act of conciliation and, if necessary, the claim before the Juzgado de lo Social within the legal deadline.

- Representing you at hearings and in negotiations or litigation, including appeals where appropriate.

- Advising on additional claims such as unpaid wages, holiday pay, severance, social security contributions or discrimination.

Local Laws Overview

Key legal points that matter for wrongful termination cases in Guia are based on Spanish national law, with some local practical elements:

- Types of dismissal: disciplinary dismissal for serious breaches; objective dismissal for economic, technical, organisational or production reasons; collective dismissal for group redundancies.

- Null dismissal: a dismissal that violates fundamental rights or specific protections - for example related to pregnancy, maternity, union activity, discrimination or health and safety - is declared null and the worker is entitled to reinstatement with full back pay.

- Unfair or improper dismissal: if a dismissal does not meet procedural or substantive legal requirements but is not null, it may be declared improcedente. The employee then chooses between reinstatement with back pay or a severance payment based on statutory formulas.

- Compensation rules: compensation amounts depend on the date and terms of the employment contract and the nature of dismissal. For portions of service governed by the pre-2012 regime, different daily rates and maximums may apply than for service since the 2012 labour reform. Objective dismissals have a different, lower compensation scale than unfair dismissals.

- Time limits and procedure: you typically have 20 working days from receipt of the dismissal to initiate a claim before the labour courts. Before going to court you must generally attempt an act of conciliation at the competent conciliation body - in many places this is the Servicio de Mediación, Arbitraje y Conciliación - and obtain a conciliatory certificate or a record of failure to reach agreement.

- Local institutions: in practice you will interact with the local Juzgado de lo Social for filing claims, the provincial Inspección de Trabajo y Seguridad Social for complaints about labour rights, and the regional employment office for benefits and practical support.

Frequently Asked Questions

What should I do immediately after being dismissed?

Request written confirmation of the dismissal if you have not received it, collect all employment records and payslips, preserve any relevant emails or messages, note the date and facts surrounding the dismissal, and contact a lawyer or your trade union. You should also check deadlines for initiating the mandatory conciliation and court claim.

What is the act of conciliation and do I always need it?

Before filing a claim in most wrongful dismissal cases you must attempt the act of conciliation - a short mediation session to try to reach an agreement with your employer. The conciliation is a procedural step that can result in a signed agreement or a certificate of failure that allows you to take the case to the Juzgado de lo Social.

How long do I have to file a claim for wrongful dismissal?

In general you have 20 working days from the receipt of the dismissal letter to file a claim in the labour court, after attempting conciliation. Missing this deadline usually means you lose the right to challenge the dismissal in court.

What remedies are available if the court finds the dismissal wrongful?

The main remedies are reinstatement with full back pay or a compensation payment. If the dismissal is declared null, reinstatement is automatic and back pay is usually awarded. If it is declared unfair, you can usually choose between reinstatement and a severance payment calculated under statutory rules.

How is compensation calculated?

Compensation depends on the type and timing of the contract and the nature of the dismissal. The law provides formulas based on days of salary per year of service with statutory maximums. Because the 2012 labour reform changed the daily rates and maximum limits, calculation can be complex and often requires a lawyer or an expert to compute accurately.

Can I get unemployment benefits after being dismissed?

You may qualify for unemployment benefits if you meet the general requirements, even if you challenge the dismissal. Register with the employment office and apply for benefits as soon as possible. If you later win a reinstatement and back pay, benefit overpayments may need to be resolved with the relevant authorities.

What is the difference between unfair and null dismissal?

Null dismissal occurs when a dismissal breaches fundamental rights or protected conditions, such as dismissal during maternity leave or for union activity. Null dismissals require reinstatement and full compensation. Unfair dismissal is a dismissal that lacks justification or procedure but does not rise to nullity; it gives the worker a choice of reinstatement or compensation.

Can I challenge a dismissal if I was on a temporary contract?

Yes. Temporary workers have rights and can challenge unlawful termination, including claims that the employer used a temporary contract to conceal an indefinite employment relationship, wrongful non-renewal for prohibited reasons, or unlawful dismissal before the end of the term.

Do small companies have different rules for dismissal?

Substantive dismissal rules apply to companies of all sizes, but some procedural and collective dismissal requirements vary based on company size. For example, collective redundancy procedures have thresholds tied to company workforce numbers. A lawyer can explain any company-size related nuances that affect your case.

How long does a wrongful dismissal case usually take?

Timelines can vary. Conciliation is usually quick, but if the case proceeds to court, initial hearings and judgments at the Juzgado de lo Social can take several months. Appeals to higher courts will add more time. Many cases settle during conciliation or early litigation, which shortens the process.

Additional Resources

For practical assistance and to find local contacts consider these resources in Guia and the province:

- Local town hall - Ayuntamiento de Guia - for information about municipal social services and local support.

- Provincial bar association - Ilustre Colegio de Abogados de Las Palmas - for lawyer referral services and information about legal aid eligibility.

- Juzgados de lo Social in your province - where dismissal claims are filed and heard.

- Inspección de Trabajo y Seguridad Social - for workplace inspections and complaints about employment rights.

- Servicio Canario de Empleo and Servicio Público de Empleo Estatal - for unemployment benefits and employment guidance.

- Trade unions and worker representatives - for free advice and support in many cases, and assistance with conciliation and claims.

- Citizen advice points and legal aid clinics - check local municipal offerings to see if you qualify for free legal assistance.

Next Steps

1. Gather your documents - dismissal letter, employment contract, payslips, time sheets, communications and any evidence of the reasons given for dismissal.

2. Seek immediate advice - contact a lawyer experienced in employment law or a trade union representative to review the facts and explain likely outcomes.

3. Start the conciliation process - your lawyer or representative can help you request the act of conciliation and prepare your case for that meeting.

4. Meet deadlines - ensure the conciliation and, if needed, the claim to the Juzgado de lo Social are filed within the 20 working day limit.

5. Consider remedies - discuss with your lawyer whether to seek reinstatement or compensation, and whether settlement talks might be appropriate.

6. Use local resources - contact the provincial bar association if you need a lawyer, the Inspección de Trabajo for complaints about labour violations, or the employment office for benefits and support.

Wrongful termination law can be technical and time-sensitive. Early consultation with an experienced local employment lawyer will help you understand your options and preserve your rights in Guia, Spain.