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Wrongful dismissal

Grupo MedLegal® addresses those cases in which a wrongful dismissal occurs on the following occasions:

  1. After a work accident that leaves a physical injury
  2. Due to a pregnancy
  3. After a work accident suffered by discrimination

IMPORTANT: In discrimination cases, the requirements for representing them legally is that they are class action lawsuits (from 5 people).

Wrongful dismissal in the US

In the US, opening a case for wrongful dismissal may not be an easy process to carry out, because most employees are hired “at will”, that is, only through applications completed by applicants for a job.

This situation implies that, in the absence of a written legal contract signed between the employer and the worker, their employment relationship may be terminated at any time, with or without cause and without breaking the law.

However, occasionally  employees can legally proceed against their boss, when they are certain or they suspect that there is an illegal reason in his dismissal or that this has been for some type of retaliation.

Wrongful dismissal cases that ARE represented by Grupo MedLegal®:

After a work accident that leaves a physical injury

Dismissal after an injury at work and / or for needing constant medical attention:

Some employers take advantage of the fear or lack of information of their workers, and after being injured while doing their job, they are fired instead of sending them to the doctor and providing them with Workers’ Compensation benefits.

This type of dismissal is completely unfair and illegal and the worker can make a claim, to obtain the benefits to which he is entitled by law.

Example 1: If, due to an accident at work, the employee receives temporary disability, but upon returning to work formally, he is informed that he was dismissed.

Example 2: If due to an accident at work, the employee for health reasons is disabled to perform the work he did previously, and instead of relocating it to another position of the company, he is fired.

For a pregnancy

Another case of this type is when a pregnant woman, due to her own state of pregnancy, requires regular medical appointments for review and is therefore fired.

After an accident at work suffered by discrimination.

It is the termination of the employment relationship by distinction of race, sex, origin, disability, sexual orientation, religion or any other group or class that is perceived as a minority. This includes the types described below.

Types of dismissal for discrimination:

  • Dismissal for taking time out of work due to pregnancy.
  • Dismissal for demanding payment for overtime, or rest time or lunch / lunch when you are entitled.
  • Dismissal for taking time for family emergencies or absence due to illness.
  • Dismissal for reprisals from superiors.
  • Dismissal for taking time to vote or serve as a jury.
  • See more about labor discrimination on our specialized page about it.

Example: If a group of latin origin employees (5 people or more) join to claim their boss or employer, their rest times to which they are entitled, and in response, they are dismissed.

There are more cases of wrongful dismissal, so we are constantly updating this information.

The execution of unjustified dismissals based on the situations described above imply heavy penalties to the employer or company, such as the payment for damages in favor of the worker for the loss of wages, among other benefits.

If your employer fired you in violation of a written contract that they had previously signed or suspect that your dismissal is illegal, even without a contract, it is important to act soon and make the claim. Call or contact now!

Grupo MedLegal® addresses those cases in which a wrongful dismissal occurs on the following occasions:

  1. After a work accident that leaves a physical injury
  2. Due to a pregnancy
  3. After a work accident suffered by discrimination

IMPORTANT: In discrimination cases, the requirements for representing them legally is that they are class action lawsuits (from 5 people).

Wrongful dismissal in the US

In the US, opening a case for wrongful dismissal may not be an easy process to carry out, because most employees are hired “at will”, that is, only through applications completed by applicants for a job.

This situation implies that, in the absence of a written legal contract signed between the employer and the worker, their employment relationship may be terminated at any time, with or without cause and without breaking the law.

However, occasionally  employees can legally proceed against their boss, when they are certain or they suspect that there is an illegal reason in his dismissal or that this has been for some type of retaliation.

Wrongful dismissal cases that ARE represented by Grupo MedLegal®:

Dismissal after an injury at work and / or for needing constant medical attention:

Some employers take advantage of the fear or lack of information of their workers, and after being injured while doing their job, they are fired instead of sending them to the doctor and providing them with Workers’ Compensation benefits.

This type of dismissal is completely unfair and illegal and the worker can make a claim, to obtain the benefits to which he is entitled by law.

Example 1: If, due to an accident at work, the employee receives temporary disability, but upon returning to work formally, he is informed that he was dismissed.

Example 2: If due to an accident at work, the employee for health reasons is disabled to perform the work he did previously, and instead of relocating it to another position of the company, he is fired.

Another case of this type is when a pregnant woman, due to her own state of pregnancy, requires regular medical appointments for review and is therefore fired.

It is the termination of the employment relationship by distinction of race, sex, origin, disability, sexual orientation, religion or any other group or class that is perceived as a minority. This includes the types described below.

Types of dismissal for discrimination:

  • Dismissal for taking time out of work due to pregnancy.
  • Dismissal for demanding payment for overtime, or rest time or lunch / lunch when you are entitled.
  • Dismissal for taking time for family emergencies or absence due to illness.
  • Dismissal for reprisals from superiors.
  • Dismissal for taking time to vote or serve as a jury.
  • See more about labor discrimination on our specialized page about it.

Example: If a group of latin origin employees (5 people or more) join to claim their boss or employer, their rest times to which they are entitled, and in response, they are dismissed.

There are more cases of wrongful dismissal, so we are constantly updating this information.

The execution of unjustified dismissals based on the situations described above imply heavy penalties to the employer or company, such as the payment for damages in favor of the worker for the loss of wages, among other benefits.

If your employer fired you in violation of a written contract that they had previously signed or suspect that your dismissal is illegal, even without a contract, it is important to act soon and make the claim. Call or contact now!

If you want to be connected to medical and legal assistance, sign up here or call now at 1 844 243 3292.
At Grupo MedLegal® we care about you!

Get in touch

Have you been involved in an accident of any type? Contact us through this form, and we will try to connect you with a doctor and/or an attorney in your area who will fight for you.

You can also consult our frequently asked questions section.

Contact Us

You can call us at 1800 838 3838 hours a day, 7 days a week, or fill out the following form.

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Contact Us

You can call us at 1800 838 3838 hours a day, 7 days a week, or fill out the following form.

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