Dismissals & employment claims

If you have been dismissed, your employer owes you money or you have doubts about your final settlement (finiquito), we review your case and tell you clearly what you can claim and how. We also advise companies and self-employed employers who need to dismiss someone or calculate a settlement.

What we do in dismissals and employment claims

• We review your dismissal letter: whether the grounds hold up, whether it meets the formal requirements and how it might be classified: fair, unfair or null and void (procedente, improcedente, nulo).
• We calculate your settlement and severance pay: outstanding wages and extra payments, untaken holiday and what is due for your type of dismissal and length of service.
• We file the conciliation claim form (papeleta de conciliación) with the SMAC, the Community of Madrid's mediation, arbitration and conciliation service, and attend the hearing with you, where an agreement may be reached.
• We represent you before the employment court (juzgado de lo social) if there is no agreement: claim, trial and, where needed, enforcement.
• We claim money you are owed: unpaid wages, arrears, overtime, bonuses or holiday pay.

Common situations

• You have been handed a disciplinary dismissal letter and you disagree with the facts.
• You have been given an objective dismissal (despido objetivo) and have doubts about the reason or the severance.
• The settlement you are offered doesn't add up, or you are being asked to sign it on the spot.
• You were dismissed while pregnant, during birth leave or after requesting an adjustment to your working hours, or you suspect the real reason is discriminatory: the dismissal could be null and void.
• The company owes you wages, overtime or holiday pay, or has closed without paying (if it is insolvent, the Wage Guarantee Fund, FOGASA, may cover part of it, within limits).

How we handle your case

1. Free initial orientation: 10 minutes by phone to check the dates and tell you how much time you have left.
2. Consultation: by phone or video call (45 minutes) or at the office (60 minutes, always by appointment). We review your documents and calculate what you are entitled to.
3. Proposal with a transparent quote: before we start, you know what we will do and what it costs. If something isn't viable, we'll tell you.
4. Handling: conciliation claim to the SMAC, negotiation and, if there is no agreement, court claim and trial, dealing with you directly and replying within 24 working hours.

Deadlines worth knowing

• Challenging a dismissal: 20 working days from the day after the dismissal. It is a strict time limit (caducidad): once it passes, you can no longer claim. Saturdays, Sundays and public holidays don't count, but the remaining days in August and from 24 December to 6 January do.
• Conciliation claim form: filing it pauses that time limit, which resumes the day after the conciliation hearing or once 15 working days have passed since filing without it being held.
• Money claims: as a general rule, one year from when the amount became payable.
• Unemployment benefit: you apply within 15 working days of your last day of work (or of the end of any untaken holiday). Challenging the dismissal doesn't stop you from applying.

What to bring to your first consultation

• The dismissal letter and the date you received it.
• Your contract and your payslips for the last 12 months.
• The proposed settlement and any document you have been asked to sign.
• Your employment history report (informe de vida laboral), available on the Social Security website.
• Emails, messages or witnesses to what happened and, if you know it, your collective agreement.

Fees

A full consultation by phone or video call costs from €50 + VAT (€100 + VAT on Saturdays) and in person from €65 + VAT; if you then instruct us to take on the matter, the fee is deducted. As the clock is running, book a dismissal consultation as soon as you can. For ongoing advice, there are monthly plans from €85/month + VAT for individuals and from €60/month + VAT for the self-employed and companies.

If the dismissal came after long-term sick leave, see also our permanent disability practice.

Frequently asked questions

How much severance am I entitled to?

As a general rule, for unfair dismissal it is 33 days' salary per year worked, up to a maximum of 24 months' pay (if your contract began before 12 February 2012, the time before that date is calculated at 45 days per year, with its own caps). For objective dismissal it is 20 days per year, up to a maximum of 12 months' pay. A disciplinary dismissal that is ruled fair carries no severance. If the dismissal is ruled unfair, the company generally chooses between reinstating you and paying the severance. Estimate it with our severance calculator.

Do I have to sign the settlement?

You can sign it to record what you are receiving, but don't sign anything saying you agree without having it reviewed first. If you disagree, it is common to sign adding «recibí, no conforme» (received, not in agreement). If your company has workers' representatives, you can ask for one to be present when you sign.

What is the SMAC and do I have to go through it?

It is the Community of Madrid's mediation, arbitration and conciliation service. As a general rule, before taking a dismissal or money claim to court you must first attempt conciliation there. If an agreement is reached, it can be enforced; if not, the claim goes to court.

Did the company have to hear my side before dismissing me?

Since November 2024, the Supreme Court has required, as a general rule, that the company give the employee a chance to respond to the allegations before a disciplinary dismissal (audiencia previa). How this should be done and what happens if it is missing depend on the case: it is worth having it checked as soon as possible. On our employment law blog we cover developments like this.