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In Mérida, Mexico, wrongful termination occurs when an employee is unlawfully let go from their job by an employer. This includes violations of employee rights, firing as a form of discrimination, the termination of a contract without justifiable reasons, and more. Mexican labor law heavily favors employees and provides them a comprehensive framework of rights, including protection against unjustified dismissal.
You might need a lawyer if you've been suddenly dismissed from your job without valid cause, if you haven't been compensated properly after termination, or if you feel that you're a victim of discriminatory practices. A lawyer will help you understand your rights, guide you through the litigation process, and represent your interests during court proceedings.
The Federal Labor Law in Mexico provides specific protection for employees against unjustified terminations. The core of these statutes stipulate that an employee cannot be terminated without a justifiable cause as listed in Article 47 of the Federal Labor Law. If an employer cannot demonstrate a valid reason for dismissing an employee, they are obliged to either reinstate the employee to their previous position or provide full severance compensation.
Wrongful termination is when an employee is dismissed from their job without adequate reason or due to discriminatory circumstances. This includes unfair treatment based on gender, age, race, religious belief, or disability.
You must file a wrongful termination claim within two months of the termination date in Mexico.
You can either request your job back or seek compensation, which usually includes 3 months salary plus 20 days of salary for each year you have worked with the company, capped at 12 months.
Even if you signed a resignation letter at the time of dismissal, you may still file a wrongful termination case if you can prove the resignation was coerced or forced.
If you believe your rights have been violated, it's recommended to consult with an employment lawyer to understand your options and take appropriate legal actions.
The Federal Board of Conciliation and Arbitration (Junta Federal de Conciliación y Arbitraje) is a government body where wrongful termination claims can be filed. For further understanding and knowledge about employment rights, the Mexican Centre for Information and Training for Economic and Social Rights (Centro Mexicano de Información y Formación en Derechos Económicos y Sociales), can be of help.
If you believe you have been wrongfully terminated, consult with an employment lawyer to understand your rights and possible compensation. Do not delay as there is a statute of limitations for filing a wrongful termination lawsuit. Gather as much evidence as possible including employment contracts, communication, and witness interviews. A lawyer can guide you better on how to proceed with this evidence collection.
