How many warnings can you get before being fired for cause? @explicandoodireito
How many warnings can you receive before being dismissed for just cause?
What does the (interpretation of the) law say?
Contrary to what many think, there are indeed double standards in our legislation. But this doesn't happen because of our laws, but rather because of those who interpret them: lawyers and judges. Instead of trying to interpret the law literally, let's try to recount some cases to illustrate how labor warnings can be interpreted by labor courts in Brazil.
Excessive Punishment
Let's suppose that the employee interprets that the punishment was excessive in its application and did not respect the principles highlighted above (timeliness, uniqueness, proportionality, and order). Generally, what happens here is that the employee does not find the punishment fair and ends up rebelling against the employer. At this moment, they should remain calm, as stress can result in more punishments and even dismissal for just cause.
When the employee believes that the principles were not respected, they should consider the seriousness of the offense committed. Talk to colleagues at work and outside of work, describing what happened. Perhaps even seeking legal advice. But by no means should he try to "punish" the employer with more absences. If the excess is confirmed, wait for things to cool down and talk to the employer, asking for justification for the warning within the company's internal regulations and the collective bargaining agreement governing the category. Ask the employer to supplement the warning with these justifications.
Finally, dialogue is key: if you felt the warning was unfair, talk to your employer and find out how to improve and avoid receiving another warning. Remember that to warn is to notify, reprimand, and in a legal sense, it serves the purpose of informing the employee of some undesirable behavior.
Humiliation
Your employer stressed you out in front of your colleagues or even your family. You felt humiliated by this. There are witnesses to the case. You should make your dissatisfaction with the situation clear and talk to your colleagues about the excesses committed by the employer.
And if you're afraid, don't worry: besides it being easy to find a job in Brazil right now, the Labor Courts are known for their speed in handling labor lawsuits.
Relationship Problems at Work
You and your supervisor don't get along, even though neither of you likes the other very much. At the first opportunity, they decide to give you a warning. You get angry, and it's the beginning of the complete deterioration of working relationships. That's why we value dialogue.
Sit down with your supervisor, make the differences between you clear, and better understand the warning. Try to put your personal side aside, as well as see the supervisor's side. I've had several people I got along very well with personally, but professionally they were terrible employees, and I had to punish them. The reverse was also true: terrible people, but great employees. Value common sense.
Final Considerations (and what I should do after receiving a warning)
When you receive a warning, try to reflect a little on it before talking to anyone. Interpret what might have led to the warning, whether it was a relationship problem, job dissatisfaction, or family issues. Let your employer/supervisor know about your situation. They can help you avoid repeating the mistake and even improve your current situation. Show that you want to improve, that it was an isolated incident. Understand also that sometimes we are in jobs that make us unhappy and we need to look for something better before we tarnish our resumes with a dismissal for just cause.
For legal consultations, we offer online service via WhatsApp 24 988572139
Become a member of this channel and get benefits:
/ @explicandoodireito
Follow the channel on Instagram too: @explicandoodireitoyt @jaquelinemachadoadv
Link to share this video: • Quantas advertências você pode tomar antes...
Link to share the channel: https://bit.ly/3Bacg7e
More important links:
-Deadline to pay severance: • [PRECISA SABER] Qual o prazo para pagar a ...
-How to calculate severance without just cause?: • COMO CALCULAR A RESCISÃO SEM JUSTA CAUSA?
-Everything about vacation at the time of termination: • [IMPERDÍVEL] Tudo sobre FÉRIAS na hora da ...
-Attention, be careful with severance: • Atenção, cuidado com a rescisão!
-I was fired, what are my rights? • FUI DEMITIDO, QUAIS SÃO OS MEUS DIREITOS? ...
-How many days does the company have to pay the employee's severance?
#justcause, #dismissalforjustcause, #terminationforjustcause, #warningatworkforjustcause, #warningforjustcause