Best Wrongful Termination Lawyers in Palhoca

About Wrongful Termination Law in Palhoca, Brazil

Wrongful termination in Palhoca is governed by Brazilian federal labor law, mainly the Consolidation of Labor Laws known as CLT and the Federal Constitution. A termination is considered wrongful when it violates legal protections or collective bargaining rules, for example when it is discriminatory, retaliatory, carried out during a legally protected stability period, or when the employer uses an unfounded just cause or fails to pay mandatory severance. Labor disputes are handled by the Labor Court system, with cases from Palhoca heard at the local Labor Court and overseen by the Regional Labor Court of the 12th Region in Santa Catarina.

Common lawful termination types include dismissal without cause, dismissal with cause, resignation, mutual termination, and the end of a fixed term contract. Even in lawful dismissals, the employer must observe correct procedures and pay all due amounts on time. If they do not, the termination may be challenged and additional penalties can apply.

This guide offers plain language information to help you understand your rights and options. It is not legal advice.

Why You May Need a Lawyer

You may need a lawyer if you were dismissed with cause and disagree with the allegations, because reversing a just cause requires legal analysis, evidence, and knowledge of court precedents. A lawyer can assess whether the employer met the strict requirements of article 482 of the CLT and whether a lesser penalty should have been applied instead of dismissal.

Legal help is important if you suspect discrimination or retaliation, such as dismissal due to pregnancy, union activity, filing a safety complaint, illness with stigma, race, gender, age, disability, religion, or other protected characteristics. These cases can lead to reinstatement, back pay, and moral damages, but they require careful evidence gathering and strategy.

Consider counsel if you believe you have stability protection that bars dismissal without cause, for example pregnancy, occupational accident or disease, membership in an internal accident prevention committee, or union leadership. Terminations in these periods are often void unless for just cause, and you may choose between reinstatement and an indemnity in lieu.

Seek advice before signing any termination or settlement documents. You may be presented with a mutual termination under article 484-A of the CLT or a private release. These instruments reduce or waive rights and can affect unemployment insurance and FGTS access. A lawyer can explain the consequences and negotiate better terms.

Get help when the employer delays or underpays severance, fails to deposit FGTS, refuses to provide documents, or manipulates variable pay, commissions, or bonuses. A lawyer can quantify what is owed, add monetary corrections and penalties, and file a claim within the deadlines.

In collective dismissals or plant closures, counsel can verify whether prior union negotiation occurred, as required by the Supreme Federal Court, and whether a voluntary separation plan, selection criteria, or extra safeguards were properly offered.

Local Laws Overview

Primary sources are the Federal Constitution and the CLT. The CLT was amended by the 2017 labor reform and other laws that impact termination. Palhoca follows these national rules, applied by the local Labor Court and the 12th Regional Labor Court in Santa Catarina.

Dismissal without cause requires payment of salary balance, accrued and proportional vacation plus one third bonus, proportional 13th salary, prior notice that is proportional to length of service up to 90 days, FGTS deposits throughout the contract, a 40 percent FGTS fine paid by the employer, and delivery of documents so you can withdraw FGTS and apply for unemployment insurance when eligible.

Dismissal with cause removes some entitlements, such as prior notice, 13th salary proportional, and the 40 percent FGTS fine. You usually keep salary balance and accrued vacation plus one third. FGTS withdrawal and unemployment insurance are not available after just cause. The employer must have a precise legal ground and apply proportional discipline before resorting to just cause.

Mutual termination under article 484-A of the CLT allows parties to end the contract with half prior notice, a 20 percent FGTS fine, and withdrawal of up to 80 percent of the FGTS balance. Unemployment insurance is not available in this scenario. Do not sign a mutual termination if you do not agree or do not understand the consequences.

Fixed term contracts that end at their term usually do not owe prior notice or the 40 percent FGTS fine. Early termination by the employer can trigger an indemnity of half the wages for the remaining period. Early termination by the employee may result in an indemnity in favor of the employer, subject to specific rules and any collective agreement.

Payment deadline is within 10 days from the end of the contract. If the employer misses this deadline, a fine equal to one monthly salary may apply, in addition to monetary correction and interest. The employer must also provide termination documents needed for FGTS and unemployment insurance and record the termination in the digital employment booklet.

Stability protections include pregnancy from confirmation until 5 months after childbirth, members of the internal accident prevention committee during the term plus one year after, and employees returning from occupational accident or disease who received accident related social security benefits, with a 12 month stability after return. Union directors and some union roles have stability. Collective agreements in Santa Catarina may add protections such as pre retirement stability. Dismissal during a stability period without just cause is generally void and can lead to reinstatement or compensation in lieu.

Discrimination is prohibited by the Constitution and federal laws such as Law 9.029. The Superior Labor Court presumes discriminatory dismissal when there is evidence of stigma related to serious illnesses like HIV or other comparable conditions. Discriminatory dismissals can lead to reinstatement, back pay, and moral damages.

Collective dismissals require prior union negotiation. The Supreme Federal Court decided that companies must negotiate with the union before implementing collective layoffs. Authorization is not required, but a genuine negotiation process is. This applies in Santa Catarina and therefore in Palhoca.

Unemployment insurance is available to eligible employees dismissed without cause who meet minimum time worked and other criteria. Applications are submitted through the SINE network or official government channels using information provided by the employer. Domestic workers are covered by Complementary Law 150, which mirrors key termination rights including FGTS and prior notice.

Deadlines are critical. You have two years from the end of employment to file a labor claim and can claim rights from the last five years counted backward from the filing date. Many collective agreements have shorter internal complaint windows, so read your convention or agreement carefully.

Frequently Asked Questions

What is considered wrongful termination in Palhoca

Wrongful termination is a dismissal that violates federal labor law, constitutional protections, collective bargaining rules, or stability periods. Examples include discriminatory dismissal, dismissal of a pregnant employee without just cause, retaliation for union activity or safety complaints, unfounded just cause, or failure to pay mandatory severance within legal deadlines.

What severance do I get if I am dismissed without cause

You are generally entitled to salary balance, accrued and proportional vacation plus one third, proportional 13th salary, prior notice of at least 30 days plus 3 days per year of service up to 90 days, withdrawal of your FGTS balance, a 40 percent FGTS fine paid by the employer, and unemployment insurance if you meet eligibility criteria.

Can I be fired while pregnant

Pregnant employees have stability from confirmation of pregnancy until 5 months after childbirth, including in most contract types. Dismissal without cause during this period is usually void. You can seek reinstatement or negotiate an indemnity in lieu. Dismissal for just cause remains possible only if the legal requirements are strictly met.

What is just cause and can I contest it

Just cause is a severe disciplinary dismissal listed in article 482 of the CLT, such as dishonesty, indiscipline, or abandonment. The employer must prove the misconduct, act promptly, and use proportionality. You can contest a just cause in the Labor Court. If reversed, you can receive the rights of a dismissal without cause and potentially moral damages if there was harm.

What if the employer did not pay my severance within 10 days

Late payment can trigger a fine equal to one monthly salary, plus monetary correction and interest. You can demand immediate payment and file a labor claim to enforce the fine and any outstanding amounts. Keep evidence of the termination date and what was paid.

Do I qualify for unemployment insurance

Employees dismissed without cause who meet minimum prior work requirements and have not received the benefit recently may qualify. You will need the employer to submit your information and you must apply within the set time frame through the SINE network or official channels. Employees dismissed for just cause and those who sign mutual termination do not qualify.

What is mutual termination and should I accept it

Mutual termination under article 484-A ends the contract by agreement, with half prior notice, a 20 percent FGTS fine, and withdrawal of up to 80 percent of FGTS. You will not get unemployment insurance. Accept only if it is truly your choice and you understand the tradeoffs. Seek legal advice before signing.

How long do I have to sue and what can I claim

You have two years from the end of your employment to file a claim. Inside the lawsuit, you can recover amounts from the last five years before filing. You can claim unpaid overtime, differences in variable pay, severance shortfalls, FGTS deposits, penalties for late payment, reinstatement or indemnity for stability violations, and moral or material damages when applicable.

Do I need a lawyer to file in the Labor Court

The CLT allows parties to act without a lawyer in lower labor courts, but in practice legal representation is highly recommended because procedures are electronic, rules are technical, and there may be cost risks. If you have low income, you can request free legal aid. Court awarded attorney fee rules and expert fees have specific protections for those granted legal aid.

What evidence should I collect to support my case

Gather your digital employment booklet records, pay slips, bank statements, FGTS statement from Caixa, timesheets or time records, emails and messages about performance or dismissal, medical documents, accident reports, witness contacts, and your collective agreement. Keep copies of all termination documents, including the termination receipt and prior notice.

Additional Resources

Vara do Trabalho de Palhoca. The local Labor Court where individual labor disputes are filed and heard. It handles hearings, conciliation, evidence, and judgments for cases arising in Palhoca.

Tribunal Regional do Trabalho da 12a Regiao. The Regional Labor Court for Santa Catarina that hears appeals from Palhoca and provides procedural information, jurisprudence, and conciliation services.

Ministerio Publico do Trabalho em Santa Catarina. The Labor Prosecutor's Office receives complaints about discrimination, child labor, collective violations, and serious labor abuses. It can investigate and file public civil actions.

Superintendencia Regional do Trabalho em Santa Catarina. The state labor inspection authority that receives complaints about non payment of wages, lack of registration, safety issues, and can mediate and inspect employers.

Rede SINE de Santa Catarina. Public employment and unemployment insurance service that guides workers on applying for unemployment insurance after dismissal without cause.

Caixa Economica Federal. The bank that manages FGTS accounts and provides statements and guidance about FGTS withdrawals after termination.

Defensoria Publica da Uniao em Santa Catarina and Defensoria Publica do Estado de Santa Catarina. Public defender offices that may provide free legal assistance to eligible low income individuals in labor related matters, subject to their service policies.

OAB Santa Catarina. The state bar association that can help you find licensed labor lawyers and may run free legal orientation programs.

Your sector union in Santa Catarina. Unions provide advice on rights in your collective agreement, assist with negotiations, and may support grievances and collective issues.

Centros Judiciarios de Solucao de Conflitos e Cidadania da Justica do Trabalho em Santa Catarina. Judicial conciliation centers that facilitate settlements before or during a lawsuit.

Next Steps

Do not sign any termination or settlement document until you fully understand it. Ask for a copy to review calmly. If pressured, note the date and any witnesses and seek immediate advice.

Mark your deadlines. The employer has 10 days after termination to pay and deliver documents. You have two years after termination to file a claim, with a five year lookback for amounts due.

Collect documents. Save pay slips, bank statements, FGTS statements, time records, emails, WhatsApp messages, medical notes, accident communications, and your collective agreement. Take screenshots and keep backups.

Write a timeline. Note key dates such as hiring, promotions, warnings, leave, pregnancy confirmation, accident or illness, performance reviews, and the termination meeting.

Talk to your union. Ask about stability clauses, enhanced severance, or negotiated voluntary separation plans that may apply in your sector in Santa Catarina.

Consult a labor lawyer in Palhoca or Santa Catarina. Ask for an initial assessment of your rights, risks, and potential values. Discuss the possibility of free legal aid if you cannot afford costs.

Consider administrative routes. For discrimination or serious violations, file a complaint with the Labor Prosecutor's Office. For unpaid wages, lack of registration, or safety issues, report to the Regional Labor Authority.

Decide whether to negotiate or litigate. Many cases settle in early hearings or through the Labor Court conciliation centers. If you file a claim, be present at hearings, keep your contact information updated with the court, and follow your lawyer's guidance.

Protect yourself. Keep job search records for unemployment insurance, avoid disparaging posts on social media about the case, and store your evidence securely.

This guide is informational. For advice tailored to your situation, seek legal counsel licensed in Santa Catarina.