What to do in case of unfair dismissal

Receiving a dismissal letter represents a moment of deep uncertainty and concern. Understanding whether the employer's decision is legitimate and what protections the law provides is the first fundamental step to protect one's rights. Facing this situation requires clarity and the support of competent legal guidance, capable of analyzing the specific situation and outlining the most effective actions. As an expert lawyer in compensation for damages in Milan, Lawyer Marco Bianucci assists workers who believe they have suffered an injustice, providing a clear analysis of the available options to obtain fair compensation or other protections provided by the regulations.

The Regulatory Framework for Dismissal in Italy

Italian law establishes that dismissal must be based on a valid and demonstrable reason. The main reasons are distinguished into just cause and justified reason. Just cause occurs in the presence of conduct by the worker so serious as to prevent the continuation, even provisional, of the employment relationship. Justified reason, on the other hand, can be subjective, if linked to a significant breach of the worker's contractual obligations, or objective, if determined by reasons related to productive activity and work organization. A dismissal is considered illegitimate when it is intimated without one of these valid reasons, or when it does not comply with the formal requirements provided by law, such as written communication.

Protections: Compensation, Reinstatement, and Indemnity

When a dismissal is declared illegitimate by the judge, the law provides various forms of protection for the worker, which vary based on the hiring date, the size of the company, and the severity of the defect found in the dismissal. The main consequences for the employer can be reinstatement in the workplace and the payment of compensatory indemnity, or solely the payment of an economic indemnity. Reinstatement is currently provided only in the most serious cases, such as discriminatory or null dismissal. In other cases, the prevalent protection is of an economic nature, with compensation commensurate with seniority of service and other parameters established by law.

The Approach of Bianucci Law Firm

The approach of Lawyer Marco Bianucci, a lawyer with consolidated experience in compensation for damages from unfair dismissal in Milan, is based on a meticulous and strategic analysis of the case. The first step consists of an in-depth examination of the dismissal letter, the employment contract, and all pertinent documents to evaluate the merits of the appeal. Subsequently, the possibility of an out-of-court settlement with the employer is explored, aimed at obtaining a favorable agreement quickly. If an agreement cannot be reached, the Bianucci Law Firm assists the client in legal action, managing every phase of the process to assert their rights and obtain the maximum possible compensation.

Frequently Asked Questions

How long do I have to challenge a dismissal?

To challenge a dismissal, very strict deadlines must be respected. The law provides for an initial period of 60 days from the receipt of the dismissal communication to send an appeal letter (out-of-court) to the employer. Subsequently, within the following 180 days, it is mandatory to file the appeal with the competent Court, under penalty of forfeiture of the action.

What is meant by retaliatory or discriminatory dismissal?

Dismissal is retaliatory when it represents an unfair reaction to a legitimate behavior of the worker. It is discriminatory if motivated by reasons of sex, race, language, religion, political or trade union opinions. In these cases, the dismissal is considered null and void, and the strongest protection is provided: reinstatement in the workplace and full compensation for damages.

How much is the compensation for unfair dismissal?

The amount of compensation varies significantly based on several factors, including the hiring date (and therefore the applicable legislation, such as the Jobs Act), the size of the company, the worker's seniority of service, and the severity of the dismissal's defect. The law establishes minimum and maximum limits, expressed in months of the last salary. A precise evaluation can only be made by analyzing the specific case.

Contact the Lawyer for an Evaluation of Your Case

If you believe you have suffered an unfair dismissal, acting promptly is essential not to lose your rights. Relying on an experienced professional allows you to fully understand the situation and take the most correct path. Lawyer Marco Bianucci offers consultancy in Milan to analyze your position and define the most effective strategy to obtain fair compensation. Contact the firm for a preliminary evaluation of your case and to receive a clear and detailed legal opinion.