Best Wrongful Termination Lawyers in Las Palmas de Gran Canaria

About Wrongful Termination Law in Las Palmas de Gran Canaria, Spain

Wrongful termination, known in Spain as "despido improcedente" or "despido nulo," occurs when an employer dismisses an employee in contravention of the law or without just cause. In Las Palmas de Gran Canaria, as in the rest of Spain, labor laws are governed by national statutes but are enforced locally. Employees in the Canary Islands are protected by the Workers' Statute (Estatuto de los Trabajadores) and additional regional agreements. Wrongful termination may involve dismissals on discriminatory grounds, lack of due process, or failing to follow correct legal procedures.

Why You May Need a Lawyer

Legal assistance is often crucial for individuals facing wrongful termination due to the complexity of Spanish labor laws and the need to preserve your rights within strict deadlines. Typical situations requiring legal help include:

• Being dismissed without a formal letter or clear reason
• Suspecting your termination was discriminatory, for example, based on age, gender, disability, or pregnancy
• Not receiving correct severance pay or final settlement
• Being dismissed while on medical leave
• Facing retaliation after reporting corruption, harassment, or other workplace issues
• The employer not following proper procedures during termination
• Being offered a settlement but unsure if it is fair

A labor lawyer can help you understand your rights, negotiate with your employer, and represent you in legal proceedings if necessary.

Local Laws Overview

Wrongful termination in Las Palmas de Gran Canaria is subject to the national Workers' Statute, which sets out fair reasons and procedures for dismissal. Key aspects include:

• Employers must provide a written notice with a valid reason for termination
• Terminations based on discrimination (race, gender, religion, political beliefs, or union activity) are unlawful and may be nullified
• Procedural requirements include providing notice, a disciplinary hearing if relevant, and appropriate documentation
• Employees have 20 working days from the date of dismissal to challenge their termination in court
• If a court deems a dismissal "improcedente" (unfair), the employer must either reinstate the employee or pay compensation
• Severance pay varies depending on the nature of the dismissal and length of service, typically calculated as days of salary per year worked

Regional labor inspectorates and mediation services are also available to resolve disputes before litigation.

Frequently Asked Questions

What constitutes wrongful termination in Las Palmas de Gran Canaria?

Wrongful termination occurs when an employee is dismissed without just cause, due process, or for discriminatory reasons. Examples include being fired for union activity, reporting harassment, or based on protected characteristics.

Do I need a written notice to be considered formally dismissed?

Yes, employers are required by law to provide dismissed employees with written notice explaining the reason for termination and other relevant details.

What are my rights if I suspect my dismissal was discriminatory?

If your termination was due to discrimination, you have the right to challenge it in court. If proven, the dismissal will be declared null, and you must be reinstated with back pay.

How long do I have to challenge a wrongful termination?

You must file a claim within 20 working days from the date of termination. This deadline is strict and missing it can forfeit your right to challenge the dismissal.

What compensation am I entitled to if my dismissal is unfair?

Compensation typically depends on your contract and length of service. For most "improcedente" terminations, you are entitled to 33 days' salary per year worked, capped at 24 months’ pay.

Can I be dismissed while on sick leave or maternity leave?

Dismissals during sick leave or maternity leave are only lawful under specific circumstances unrelated to the leave. Otherwise, these dismissals can be declared null and void.

Should I sign any documents upon being dismissed?

Do not sign any document unless you fully understand its contents. Consult a lawyer first, especially if it includes a settlement or a "finiquito," which can waive your rights to challenge the dismissal.

Can I settle with my employer without going to court?

Yes, many wrongful termination cases are settled with the help of legal representation or through official mediation services, such as the Servicio de Mediación, Arbitraje y Conciliación (SMAC).

What happens if my employer does not pay my severance?

If your employer does not pay the owed amount, you can file a claim before the labor court. If the employer is insolvent, the Wage Guarantee Fund (Fogasa) may cover part of your compensation.

Where can I get free or low-cost legal advice?

The Colegio de Abogados de Las Palmas and certain local labor unions offer free or affordable legal guidance for employees who meet specific requirements.

Additional Resources

If you are facing wrongful termination in Las Palmas de Gran Canaria, these organizations and resources can be helpful:

• Colegio de Abogados de Las Palmas - offers legal guidance and professional referrals for employment matters
• Servicio de Mediación, Arbitraje y Conciliación (SMAC) - provides official mediation services before going to court
• La Inspección de Trabajo y Seguridad Social - receives complaints about workplace violations
• Labor unions - many unions provide legal support and representation to members in wrongful termination cases
• Fogasa (Fondo de Garantía Salarial) - covers unpaid wages and compensation in cases of employer insolvency

Next Steps

If you believe you have been wrongfully terminated in Las Palmas de Gran Canaria, act quickly to preserve your rights:

• Collect all relevant documentation, including your contract, payslips, termination letter, and correspondence
• Consider seeking immediate advice from a labor lawyer or an employment law specialist
• Do not sign any settlement or waiver without legal review
• Remember to file any claims within 20 working days of your dismissal
• If necessary, contact the SMAC for official mediation before proceeding to court

Proactive steps and professional legal advice are crucial to ensuring the best outcome in a wrongful termination case. You do not have to navigate the legal system alone - qualified support and resources are available locally.