How much uncertainty or anguish does it cause a person to know they have lost their job without justification? Without a doubt, it is a great deal—especially when there are no savings or there are various financial commitments.
"Work dignifies people"
Herodotus
Suing your former employer is your right so you can demand proper payment, in addition to back wages and other concepts.
We would like to share four recommendations if you want to file a labor claim—we believe they can be very useful to you:
Employment relationship
- An employee is much more likely to win a lawsuit if they prove the employment relationship using documents such as: individual employment contract, pay receipts, uniforms, letters of recommendation, signed emails, IMSS registration as a worker, among others.
Hard data
- We recommend keeping close track of your seniority, economic benefits, and the facts that justified your dismissal, as these are important data for your claim. Therefore, you need your social security number and pay stubs on hand to make a correct calculation.
Signatures on blank pages
- Companies often have workers sign blank pages with resignation letters before they start, and in the event of a dispute, use them. However, this type of document is completely invalid and can be challenged in a labor dispute.
Patience
- Courts tend to work very slowly for the following reasons: the large number of lawsuits and hearings, insufficient administrative staff, digital services that do not work properly, company lawyers who prolong litigation so the worker gives up, etc. In other words, many factors lengthen the process and prevent obtaining an award quickly. Therefore, we recommend being very patient—don't despair! Likewise, we believe that looking for another job will help you stay calmer and less impatient and view your severance as medium-term income.
At Esponda Betancourt, we have labor law specialists with more than ten years of professional experience, successfully representing workers. Contact us—we can help you!