Protection of Your Rights

Receiving a termination letter marks a moment of profound uncertainty and concern. When you feel that the employer's decision is unfair or unfounded, it is crucial to know the legal tools available to protect your position. A dismissal can be considered unlawful for various reasons, from formal defects to a complete absence of just cause or justified reason. In these circumstances, the law provides specific protections, including the right to compensation for damages. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists workers in the complex process of challenging dismissals, with the aim of asserting their rights.

When is a Dismissal Unlawful?

According to the Italian legal system, dismissal must be based on just cause or a justified reason. Just cause occurs in the presence of a sufficiently serious breach that does not allow for the continuation, even provisional, of the employment relationship (e.g., theft in the workplace). Justified reason can be subjective, related to a significant breach of the employee's contractual obligations, or objective, connected to reasons inherent in the productive activity and work organization. A dismissal is unlawful when it is issued in the absence of these prerequisites, or if it is discriminatory, retaliatory, or communicated without respecting the procedure provided by law. Assessing the lawfulness requires careful and in-depth analysis of the specific case, the charges made, and the supporting evidence.

Forms of Protection: Reinstatement and Compensation

The consequences of a dismissal declared unlawful by a judge vary based on the severity of the defect, the size of the company, and the employee's hiring date. The main protections provided by the legislation are reinstatement in the job and compensation for damages. Reinstatement is the strongest form of protection, applicable in the most serious cases such as null and void dismissals (because they are discriminatory) or in specific cases for companies with more than 15 employees. In many other cases, the law provides for economic protection, i.e., compensatory indemnity proportionate to seniority and other parameters established by law. Understanding which protection is concretely applicable to your case is the first step in establishing an effective legal strategy.

The Approach of Studio Legale Bianucci in Milan

The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on rigorous and transparent preliminary analysis. Each case of unlawful dismissal is examined in detail to assess the validity of the challenge and the real chances of success. The strategy is divided into several phases: initially, the possibility of an out-of-court settlement is explored, seeking a conciliatory agreement with the employer that can meet their needs quickly. If dialogue is not feasible, the firm provides comprehensive assistance in the judicial phase, handling every aspect of the litigation before the Labor Court to obtain recognition of the unlawfulness of the dismissal and consequent damages compensation.

Frequently Asked Questions

How much time do I have to challenge a dismissal?

The law provides very strict deadlines. The dismissal must be challenged out-of-court, by written communication, within 60 days of its receipt. Subsequently, within the following 180 days, the appeal must be filed with the Labor Court, under penalty of forfeiture of the action. Respecting these deadlines is mandatory.

How is compensation for unlawful dismissal calculated?

The calculation of compensatory indemnity depends on various factors, including the hiring date (before or after March 7, 2015, the effective date of the so-called Jobs Act), the size of the company, and the severity of the defect that invalidates the dismissal. The amount is generally calculated based on a number of months of the last salary used as a reference for calculating severance pay (TFR), with a minimum and maximum established by law.

What do dismissal for just cause and justified reason mean?

Just cause is a very serious reason that legitimizes immediate dismissal without notice (e.g., serious insubordination, theft). Justified reason can be subjective (a significant breach but less serious than just cause) or objective (economic or organizational reasons of the company). In both cases, the employer must provide proof of their existence.

Is it possible to reach an agreement with the company without going to court?

Yes, out-of-court conciliation is an option often pursued. An agreement can provide for the payment of an indemnity, sometimes with the addition of an incentive for departure, resolving the dispute quickly and avoiding the costs and uncertainties of a lawsuit. Qualified legal assistance is essential to negotiate the best possible conditions.

Contact Avv. Marco Bianucci for an Evaluation of Your Case

If you believe you have suffered an unlawful dismissal and wish to understand your rights and possible courses of action, you can contact Studio Legale Bianucci in Milan. Avv. Marco Bianucci offers an initial consultation to analyze your situation, explain the protections provided by law, and define the most appropriate strategy to obtain fair compensation. Facing this delicate phase with the support of an experienced professional is the first step to protecting your professional and economic future.