What to do in the first days after a dismissal.

Being dismissed is a shock, and the first reaction is usually to sign whatever you are given and go home. That is understandable. But the days right after a dismissal are the ones that matter most, because the deadline to challenge it is short and it starts running straight away.

1. Check the date and count the days

In Spain you have 20 working days to challenge a dismissal. Saturdays, Sundays and public holidays don’t count, but even so the time goes quickly. The count starts the day after the dismissal takes effect, which is usually the date on the letter. Write that date down somewhere you won’t lose it.

2. Ask for the letter and keep everything

A dismissal must normally be given in writing, with the reasons and the date. If you were told verbally, ask for the letter. Then keep everything that may be useful later:

• your contract and any changes to it;

• your last payslips;

• the dismissal letter and the settlement (finiquito);

• emails, messages or schedules that show how you actually worked.

3. Sign the settlement, but not “in agreement”

The company will usually ask you to sign the settlement: the final payment with your outstanding salary, unused holidays and other amounts. You can sign it to confirm you have received it, but write “not in agreement” next to your signature. That way you get paid without giving up the right to claim more if the dismissal was not correct.

4. Register for unemployment benefit

If you are entitled to unemployment benefit, apply within 15 working days. Challenging the dismissal doesn’t stop you from receiving it, and the two deadlines run at the same time.

5. Get advice before the deadline, not on the last day

Before going to court, the law requires an attempt at conciliation with the company. To prepare it well, a lawyer needs to read your papers, check the type of dismissal and calculate what you could be owed. That takes a few days, so it is better to call in the first week than in the third.

What a first consultation is for

In the first conversation we look at three things: how many days you have left, whether the reasons and the amounts are correct, and what is realistic in your case. Sometimes the answer is that the dismissal was done properly and it is not worth claiming. We tell you that as well. It saves you time, money and a few sleepless nights.

If you have just been dismissed, write down the date, keep your papers and don’t let the days go by. The rest can be decided calmly, but the deadline won’t wait.