If you are starting a new job, or have been in the one you currently have for some time, if you still do not know or know when a dismissal becomes appropriate in California, in the following text we will answer some of those common doubts regarding the subject and we will mention the requirements that are necessary for that action to be carried out, this in case your employer or a colleague wants to retaliate for you to resign or leave your job for personal, professional or other reasons that put your physical and mental well-being at risk.
Is unfair dismissal common?
Statisticians on this topic agree that there are still cases of this type of action by large companies, as well as medium and small in California. However, the common thing is that the aggressor uses words to attack, or finds a way to take advantage of the situation, until the victim is forced to leave their job.
Even if you work remotely or from home, the bully could use cyberbullying to annoy the affected person until they accomplish their goal.
In fact, the possibilities of this type of situation increase if the victim does not know who to turn to for guidance and take legal action against the aggressor.
When should dismissal be considered appropriate?
A dismissal is considered of this nature when the employee has not complied with part of the agreed terms within his employment contract. This does not apply for health reasons or personal situations that cannot be controlled due to a specific event or context.
However, if the person intentionally wanted to violate the labor clauses, even without knowing the consequences that this could bring, such as dismissal or suspension, then the company or employer has the right to fine him or replace him legally speaking.
Also note that if your behavior negatively affects another colleague, your employer, or the company you work for because it is offensive or violent; verbally, physically or psychologically speaking, this can be considered as part of a reason for removal.
Requirements for fair dismissal
For one or more people to be laid off, the company must:
-Have a consultation period in case of collective dismissal or an employment regulation file (ERE), which is an administrative-labour procedure that allows a company to fire someone if it is going through a crisis for one or more reasons .
-Give a notice of 15 days for the employee to start looking for a new job.
-Justify the dismissal in accordance with article 54 of the Workers’ Statute if it is a disciplinary one.
In addition to this, the employer, manager, or company must deliver a dismissal letter to the employee explaining the reasons for which he is dismissed from his position. This must be delivered with your severance pay or the document that reflects the worker’s final settlement and severance pay, which will be calculated based on the months or years of services provided, among other factors.