Layoffs and Resignations: What Are They?

The dismissals and resignations have been a crescendo in recent times. These layoffs and resignations, are part of an increasingly demanding society and unequal.

This article will deal with the issue of layoffs and resignations, and how an attorney can help us to properly enforce our rights.

In the case applied to the layoffs have to use an employment law attorney who understands layoffs and resignations. Because the employment relationship has a mixed character as one is in charge the employer and the other that reflects the employee is entitled in this case to safeguard the rights of weaker both layoffs and resignations as appropriate.

For this reason, before a lawsuit filed by an employee your boss always presumed guilty unless proven otherwise. This is the opposite of what usually happens in the rest of the branches, where in many countries is presumed innocent until declared guilty of someone.

Lawyers must understand about layoffs and resignations and be properly trained in the area. The dismissal is when an employer unilaterally dissociates the employee.

This may occur for several reasons: it may be a dismissal with just cause, or a dismissal without just cause. For good cause for this must be a breach of work duties so that it is an injury that prevents him continuing severity of the employment relationship.

In the case of dismissal with just cause it must be communicated in writing and in a perfectly clear, including the reasons given for breach of contract founded. This usually occurs or by telegram or letter paper. If we fired without just cause there we need a lawyer to represent us and begin a court case against the employer. The dismissal without cause is that the employer unilaterally decided, without any cause to do so. For this reason also be called arbitrary dismissal. The two previous methods are within the direct firing.

But there is also what is known as constructive dismissal. This is decided by the other part of the employment relationship, the worker. In this case, the employer must state specifically the reasons as clear as you can demonstrate the reason given is entitled to severance pay uncaused. Then the waiver, unlike the dismissal is the formal and voluntary act which the employee or employee dissolves the labor contract based on subjective causes no breach of contract by the employer. For more information about layoffs and resignations or dismissals recommend visiting lawyers and disclaimers