What not to do if you are dismissed: mistakes that can make you lose compensation and your right to claim
If you have been dismissed, here is what you
should not do.
1. Don’t let the days pass thinking you’ll deal with it later
This is the most expensive mistake. In dismissal cases, the general deadline is still
20 working days. Waiting to “see what happens”, hoping the company will reconsider, or leaving it for next week can make you lose your right to challenge it.
2. Don’t throw away or lose the dismissal letter
The letter is essential evidence. The
Workers’ Statute requires that a disciplinary dismissal be notified
in writing, stating the
facts relied upon and the
effective date. If you don’t keep it or review it properly, you lose a key part of the case.
3. Don’t sign without reading or understanding what you are signing
Many people sign the dismissal letter, settlement, or receipt automatically, out of nerves or because they think “not signing is worse”. The important point is not to create drama around the signature, but to
avoid signing blindly. Before agreeing to anything, you should carefully check what you are being given and its legal effects.
4. Don’t confuse severance pay with settlement
A very common mistake: assuming everything you receive when leaving is “compensation”. It is not. The
settlement (finiquito) and the
severance compensation are different things, and the amounts must be checked. In an objective dismissal, for example, the law generally requires payment of
20 days per year worked, subject to the legal cap, together with the written notice.
5. Don’t rely on verbal promises from the employer
“We’ll call you”, “we’ll sort it out”, “we’ll pay you later”, “you don’t need to do anything”. These may sound reassuring, but they do not stop deadlines or guarantee anything. In a dismissal, what matters is documents, dates, and figures—not verbal assurances.
6. Don’t assume the dismissal is valid just because there is a letter
A letter does not automatically mean the dismissal is lawful. The law requires both formal and substantive requirements, and not all dismissals are correctly made. You need to check:
- whether the cause exists,
- whether it is properly explained,
- whether the date is correct,
- and whether the type of dismissal actually matches what happened.
7. Don’t forget that mandatory conciliation changes timing, but does not protect you if you wait too long
The
Labour Procedure Law (LRJS) states that filing for mandatory conciliation or mediation suspends the limitation period, which resumes the day after the attempt or after
15 working days if no hearing takes place; if
30 working days pass without a hearing, the requirement is deemed fulfilled. This gives time, but it is not a reason to delay preparation.
8. Don’t focus only on whether you are “right”
In dismissal cases, feeling it is unfair is not enough. You must analyse:
- what type of dismissal it is,
- what documentation exists,
- what deadlines apply,
- how much money may be at stake,
- and whether it is better to claim, negotiate, or both.
If you have been dismissed, the worst thing is not only the dismissal itself. The real risk is reacting poorly and losing options you actually had. If you want to know whether your dismissal can be challenged, how much you could claim, or what to do next, we can review it quickly and clearly.
