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Wrongful termination, known in Brazil as “dispensa injusta” or “demissão sem justa causa,” occurs when an employee is dismissed from their position without a legal reason or in violation of labor protections. In Jacareí, which is part of the state of São Paulo, wrongful termination is addressed under Brazilian labor law (CLT - Consolidação das Leis do Trabalho) and is further interpreted by local labor courts (Vara do Trabalho). The law aims to protect employees from arbitrary or unfair dismissal and guarantees certain rights and compensation when termination is done without justification.
If you have been dismissed from your job in Jacareí and believe the termination was unfair or did not follow legal procedures, you may benefit from consulting a lawyer. Common situations where legal assistance is essential include:
Employment law can be complex. A lawyer can help you determine if the dismissal was wrongful, explain your rights, calculate what compensation you might be owed, and represent you in communications and legal proceedings with your former employer.
In Jacareí, wrongful termination is primarily guided by the national CLT, which establishes the types of dismissal, notice requirements, and worker rights, complemented by the interpretations and precedents set by local labor courts. Key aspects include:
Workers also have special protections against discriminatory dismissal, such as based on gender, race, religion, age, disability, or health status.
Wrongful termination occurs when an employee is dismissed for discriminatory or retaliatory reasons, without proper procedure, or in violation of legal protections or contractual agreements.
You are entitled to severance pay, prior notice or the corresponding compensation, withdrawal of your FGTS balance, a 40 percent FGTS penalty paid by the employer, payment of accrued vacation and 13th salary, and potentially unemployment insurance.
Yes, Brazilian law requires the employer to provide written notice of your termination, whether with or without just cause.
No, employees on sick leave or maternity leave generally cannot be dismissed except in exceptional circumstances such as gross misconduct proven by the employer.
Gather any available evidence and consult a labor lawyer immediately. You may be entitled to reinstatement or financial compensation if discrimination is proven.
You have up to two years after the end of your employment to file a labor claim in court. However, it is best to act promptly.
Yes, in some cases, such as proven discrimination or protected categories, judges may order the employer to reinstate the employee.
Employment contract, payslips, notice of dismissal, emails or messages related to your termination, proof of rights payments, and any relevant medical or union documents.
No, forced resignation is illegal. If you were pressured to sign a resignation letter, inform a lawyer as this constitutes constructive dismissal.
Yes, union representatives and some protected groups receive job stability during their term and for a set period after, making dismissal more difficult for employers.
If you are seeking further information or need to file a complaint, the following resources may be useful:
These organizations can guide you regarding complaints, mediation services, and access to labor rights.
If you believe you have been wrongfully terminated in Jacareí, consider taking the following actions:
Acting quickly improves your chances of a favorable outcome, as evidence is easier to gather and deadlines are respected. By understanding your rights and seeking specialized help, you can assert your interests and claim any compensation or remedies you are owed.
