What to do when you are unjustifiably dismissed from your job
The employment relationship is the rendering of a subordinate personal work to a person through the payment of a salary; and the individual employment contract is the one by virtue of which a person is obligated to render a subordinate personal work to another person through the payment of a salary.
Unjustifiably dismissed workers may consider reaching a conciliatory agreement with the employer either privately, before the labor authorities such as the Secretaría del Trabajo y Previsión Social or before the Junta de Conciliación y Arbitraje (Conciliation and Arbitration Board). If the parties do not reach a conciliatory agreement, then the employee may go before the Conciliation and Arbitration Board within a term of two months following the day on which the unjustified dismissal occurred to exercise the actions for unjustified dismissal against the employer.
In relation to the issue of unjustified dismissal, both the employer and the employee frequently have doubts regarding its effective configuration as well as the rights or indemnifications that correspond to the employee. In this section we present some answers to frequently asked questions that both the employee and the employer have in relation to unjustified dismissal.
If I am fired, I am entitled to unemployment benefits
If you are an employer or are working for someone else, this article is of interest to you. Find out from us how the employment relationship works with people who aggressively demand their civil rights. To cite a recent example, remember the hundreds of Donald Trump supporters who rioted inside the Capitol on January 6. Employers fired* from their workplaces some of the activists who participated. But really, if employers fire violent protesters, does the law protect them?
Employers fire violent protesters if, for example, you have a certain type of contract. In some cases you may be more vulnerable to termination than others, so find out what these contracts are.
The National Conference of State Legislatures (NCSL) has estimates on this. They state that the United States is one of the countries where employment is performed at will.
It is right for a good employee to be fired without cause
A former FedEx employee killed eight people and wounded several others in a shooting at a company facility in the central U.S. city of Indianapolis before killing himself, authorities said Friday.
The Sikh Coalition, which announced “that at least four of the dead” were members of its Indianapolis community, said it expected “authorities to conduct a full investigation, including the possibility of bias as a factor.”
At least 100 people were at the facility at the time of the shooting, which occurred late Thursday night as numerous workers were changing shifts or taking a dinner break, McCartt said.
“We are deeply shocked and saddened by the deaths of our team members in the tragic shooting at our Indianapolis facility,” the company said in a statement.
Family members of workers at this facility decried the interminable wait they had to endure to hear from their loved ones because of a rule that prohibits certain employees at this FedEx warehouse from using their cell phones.
Law for terminating an employee
This is a publication adapted from the original version of “The Americans with Disabilities Act Questions and Answers,” a document originally prepared by the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice, Civil Rights Division, October 2008 version.
However, the EEOC’s final regulations apply only to Title I of the ADA; they do not apply to Title II and III of the ADA. Other federal agencies, such as the U.S. Department of Justice, the U.S. Department of Transportation, and the U.S. Department of Labor will need to update their regulations to reflect the changes in the definition of disability required by the ADAAA amendment.
R. The labor provisions of title I apply to private employers with 15 or more employees, State and local governments, placement agencies and labor unions, agents of the employer, and administrative union labor committees.
R. The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, unemployment compensation, training, and other employment terms, conditions, and privileges. The law applies to hiring, advertising, tenure, layoff, discharge, leave of absence, fringe benefits, and all other employment-related activities.