Can I sue my employer for unfair treatment?

Can I sue my employer for unfair treatment?

I was fired from my job how much I am entitled to under the law.

Yes. While there are many employees who may be exempt from some provisions of the law, an employee covered by the FLSA who provides information demonstrating a likelihood that they were not paid the required federal minimum wage of $7.25 per hour as of July 24, 2009, OR overtime (1½ times the regular rate of pay for hours worked over 40 in a workweek) may file a complaint with the Wage and Hour Division (WHD) of the U.S. Department of Labor.

Labor lawsuit form for wrongful termination 2020

/categories/investigacion-laboralIn what cases should you be compensated when leaving a job?  El Empleo NoticiasCESHOR2019-11-29T11:18:39-05:002019-12-13T15:47:00-05:00There are certain situations in which, as an employee, you could receive severance pay when quitting a job. To do so, you must follow and meet certain requirements.Labor Investigation / November 29, 2019In a labor lawsuit you will need to lay out enough evidence to justify your case. Photo: iStock

The aforementioned article “establishes that the worker will be entitled to the payment of compensation, both in the event that he/she is dismissed without just cause, and in the case that it is proven that the termination of the contract was caused by a justified resignation (indirect dismissal),” explains Jorge Palacio, associate lawyer of Barrera Palacio Abogados.

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Thus, Article 62 (b) of the CST lists eight causes for which the employee may unilaterally terminate the employment contract, i.e., submit his resignation and obtain the payment of the indemnity that would correspond to the justified resignation or ‘unfair dismissal’.

Example of a lawsuit for unjustified dismissal

In Mexico, sometimes the relationship between the employee and the employer becomes difficult, generating conflicts between both parties and the result is that the employer fires the employee and then the employee sues the employer.

But this cannot be known until the labor trial, which is what follows after the labor lawsuit is filed by the employee, evidence is presented by both parties and a judge issues a ruling in favor of or against the employee or the employer.

In order to prevent this type of conflicts, employers must be transparent when terminating the labor relationship with an employee and make sure that the cause of the dismissal is recognized as such before the Federal Labor Law.

In addition, it is necessary to keep an attendance record and all the administrative controls that prove that the employer has maintained a healthy labor relationship with its employee and to notify the corresponding authorities in case of prolonged and unjustified absence of the employee.

Is it right for a good employee to be dismissed without cause?

/categories/professional-tipsHow to proceed in the event of an unjustified dismissal?  El Empleo NoticiasCESHOR2017-04-21T10:36:15-05:002021-11-24T09:06:34-05:00One thing is when they cancel your contract because you failed to comply with the work regulations and, quite another, when the company does so without just cause. Professional advice If you were fired without just cause, collect evidence and get advice.

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“A person who experiences an unjustified dismissal can leave a record of delivery and collect evidence that he/she is being dismissed without just cause; if he/she does not have evidence, it is difficult to prove it,” says Lina Morelli, an independent consultant in business structuring.

Morelli adds that when there is no cause as provided by law, if they have not made a process such as taking the person to discharge, or call his attention in writing, it is considered an unjustified dismissal.

Based on the above, the ideal is that the person has a labor lawyer to attach evidence that it was a dismissal without just cause.    “It is a matter of reaching a conciliation with the employer and, if this is not achieved, the next step is to sue,” says Morelli.

Can I sue my employer for unfair treatment?
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