आपके अधिकारों का संरक्षण

The termination letter is received at a moment of deep uncertainty and concern. When you perceive that the employer's decision is unfair or unfounded, it is essential to know the tools that the law provides to protect your position. A dismissal can be considered illegal for various reasons, from formal defects to a complete absence of a just cause or a 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, lawyer Marco Bianucci assists workers in the complex process of challenging dismissal, with the aim of asserting their rights.

When is a dismissal illegal?

According to the Italian legal system, dismissal must be based on a just cause or a justified reason. Just cause occurs in the presence of a defect so serious that it does not allow the continuation, even temporary, of the employment relationship (e.g., theft in the company). A justified reason can be subjective, linked to a significant breach of the employee's contractual obligations, or objective, connected to reasons related to productive activity and work organization. A dismissal is illegal 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. The assessment of legitimacy requires careful and in-depth analysis of the specific case, the challenges made, and the supporting evidence.

Forms of protection: reinstatement and compensation

The consequences of a dismissal declared illegal by the judge vary according to the seriousness of the defect, the size of the company, and the employee's hiring date. The main protections provided by the law are reinstatement to the workplace and compensation for damages. Reinstatement is the strongest form of protection, applicable in the most serious cases such as null dismissal (because 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 commensurate with seniority and other parameters established by law. Understanding which protection is concretely applicable to your case is the first step in developing an effective legal strategy.

The approach of Studio Legale Bianucci in Milan

The approach of lawyer Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on rigorous and transparent preliminary analysis. Every case of illegal 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 conciliation agreement with the employer that can meet their needs quickly. If the path of dialogue is not feasible, the firm provides complete assistance in the judicial phase, handling every aspect of the litigation before the Labor Court to obtain recognition of the illegality of the dismissal and the consequent compensation for damages.

Frequently Asked Questions

How much time do I have to challenge a dismissal?

The law provides for very strict deadlines. Dismissal must be challenged out-of-court, with 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 illegal dismissal calculated?

The calculation of the 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 seriousness of the defect that invalidates the dismissal. The amount is generally calculated as 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). A justified reason can be subjective (an important 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 a solution often pursued. An agreement can provide for the payment of an indemnity, sometimes with the addition of an incentive for leaving, closing the dispute quickly and avoiding the costs and uncertainties of a lawsuit. Qualified legal assistance is essential to negotiate the best possible conditions.

Contact lawyer Marco Bianucci for an assessment of your case

If you believe you have suffered an illegal dismissal and wish to understand your rights and the possible actions to take, you can contact Studio Legale Bianucci in Milan. Lawyer 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.