Wrongful Dismissal: What's Included and What You Can Claim

Dismissed without cause? Your severance package includes multiple items beyond just final pay. We review what's owed and help you recover the full amount.

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Free initial review • Complete package analysis • Buenos Aires City and Province

What constitutes wrongful dismissal

Dismissal without cause

You were fired without just cause. They don't have legal grounds or didn't follow proper procedures. Compensation is typically higher.

Dismissal with just cause

They claim cause (theft, misconduct, etc.). These claims are reviewed carefully—sometimes they're overstated or procedurally improper.

Constructive dismissal

They didn't formally fire you, but made conditions unbearable (cut pay, harassment, reassignment). You quit and claimed wrongful dismissal.

Indirect dismissal

They forced your resignation through pressure, threats or intolerable conditions. Legally treated like dismissal.

What's included in severance

Your final payment should include all of these items. If any are missing, that's money you're owed:

Standard components

✓ Final salary: for the days worked in the month of dismissal
✓ Notice period (preaviso): 15 days or 1 month depending on employment duration
✓ Vacation balance: all unused vacation days owed
✓ Vacation bonus (SAC): proportional to current year
✓ Severance (indemnización): typically 1 month per year of service (varies by cause)

Additional items to check

✓ Wage differences: if paid less than contracted rate
✓ Overtime compensation: for extra hours worked
✓ Bonuses or commissions: owed for work completed
✓ Medical insurance continuation: sometimes included
✓ Interest and adjustments: for inflation during disputed period

🚨 Red flag: If your final check only includes basic pay and nothing else, something is likely missing. Have us review it before accepting.

Red Flags Before Accepting Severance

🚩 "Just sign here, no questions"

If they pressure you to sign without explaining each item, stop. Have someone review it before signing. Once signed, it's usually binding.

🚩 Missing items listed above

If vacation, severance, notice pay or any of those items are missing—that's money owed. Don't accept an incomplete package.

🚩 "Release of all claims" language

Signing a release means you give up the right to claim anything else later. If you sign and later realize something is missing, it's too late.

🚩 They gave you a raise lately

Severance is usually calculated on current salary. If your salary recently increased, make sure they used the new amount. Recent cuts should be considered too.

🚩 Verbal dismissal, no written notice

If they just told you "you're fired" with no telegram or formal letter, document that. Get everything in writing from here forward.

Important: Before signing anything, send it to us on WhatsApp. We'll review the complete package in 24 hours and tell you if it's fair or if money is missing.

Frequently asked questions

How much severance am I owed? +

Basic rule: 1 month of pay per year of service for dismissal without just cause. But this varies by dismissal type, legal precedent, and specific circumstances. We calculate the exact amount for your case.

Can I negotiate severance? +

Absolutely. If they offer less than what's legally owed, we can negotiate or initiate a claim. Many companies settle for slightly more rather than face a lawsuit.

What if I already accepted the severance? +

If you signed a release, it's usually binding. However, if there were misrepresentations or procedural issues, we might challenge it. Bring us your signed agreement to review.

What if I was with the company for 10+ years? +

Long service means higher severance. For 10+ years, you typically owe 10+ months of pay at minimum, plus all the items listed above. These cases often recover significant amounts.

When does the 2-year deadline start? +

The 2-year statute of limitations runs from the date of dismissal. So if you were fired 18 months ago, you have 6 months left to claim. Contact us now to preserve your rights.

Need to review your severance?

Send us your dismissal letter and severance package. We'll analyze what's owed and let you know if anything is missing or if negotiation is possible.