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Wrongful termination or "despido injustificado" refers to the illegal dismissal of an employee without proper cause or procedural process. In Puebla City, Mexico, exposure to wrongful termination laws is governed by the Federal Labor Law (Ley Federal del Trabajo), which protects the rights of employees and dictates the circumstances under which a termination becomes unlawful. These laws offer various ways for employees to challenge or dispute wrongful termination. However, navigating the complexity of these laws may require legal assistance.
In cases pertaining to wrongful termination, it is crucial to consult with a skilled labor and employment lawyer. An employee might require a lawyer if they've been unfairly dismissed without cause or due process, if they feel the dismissal is in violation of a contract term, or if they suspect discrimination or retaliation to be the reason behind their termination. A lawyer can help in understanding the complexities of labor laws, filing legal paperwork, negotiating with employers, or representing the client in court if necessary.
Puebla City, like the entirety of Mexico, adheres to the Federal Labor Law. This law stipulates that an employer may not dismiss an employee without just cause and requires that employers provide severance pay upon termination. Causes for legal termination include employee misconduct, dishonesty, or negligence. However, if an employer terminates an employee without demonstrating just cause, it could be viewed as wrongful termination, and the employee may pursue legal recourse.
Any termination that is in violation of the terms stated in the labor contract or Federal Labor Law is considered a wrongful termination. This could be due to unfair dismissal, discrimination, retaliation, or other reasons that don't qualify as just cause.
Yes, you have the right to sue your employer if you believe you were unjustly laid off. A labor lawyer can help you understand the law and guide you through the process.
If you win a wrongful termination case, you may be entitled to severance pay, lost wages, damages, and the reinstatement of your position, as determined by the court.
You have a maximum period of two months from the date of termination to make a claim under Mexican law.
According to Mexican law, an employer must give you notice of termination with the cause of dismissal clearly stated, failure to do so can be construed as wrongful termination.
The Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social) provides a wealth of information on employment rights. In addition, the Federal Labor Law of Mexico is also a helpful resource to understand the legal frameworks surrounding labor law.
If you believe you've been wrongfully terminated, it is recommended to consult with a labor lawyer as soon as possible. Collect all relevant documentation pertaining to your employment and termination. This includes counts of any incidents at work, communications with your employer, and your employment contract. When ready, employ the services of a lawyer who specializes in labor and employment law to guide you through the process and protect your rights as an employee.
