Unlawful Dismissal and Non-Payment of Compensation

незаконное увольнение

Problem

A client contacted our company after being unlawfully dismissed from their job and not receiving the full amount of compensation required under labor law. As a result, the client was left without employment and without the payments they were legally entitled to, and therefore required professional legal protection.

Solution

After analyzing the situation, we developed a step-by-step strategy to protect the client’s interests.

First, we prepared a papeleta de conciliación — a mandatory pre-trial claim in labor disputes — and submitted it to the employer.

After that, a hearing date was scheduled at SMAC, the government body responsible for mediation in labor disputes. On the appointed day, we attended the hearing together with the client; the employer was also present.

During the conciliation procedure, no settlement agreement was reached because the employer did not offer terms acceptable to our client. As a result, the case was referred to court.

Further Actions and Expected Outcome

In court, our lawyer aims to obtain:

  • fair compensation for unlawful dismissal;
  • compensation for moral damages;
  • payment of wages for the entire period of forced unemployment until the date of the court decision;
  • if the client wishes, reinstatement to the previous position.

At the same time, before the court hearing takes place, the employer has the right to initiate a settlement agreement by offering the client acceptable terms for the final resolution of the dispute.

This case demonstrates that timely consultation with professional lawyers significantly increases the chances of successfully protecting labor rights and obtaining fair compensation.

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