How to Handle an Unreasonable Dismissal (with Pictures)

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How to Handle an Unreasonable Dismissal (with Pictures)
How to Handle an Unreasonable Dismissal (with Pictures)
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Getting fired is never a pleasant or easy experience. You are likely to experience mixed emotions ranging from fear to anger. Maybe you're wondering what happened and what to do next, especially if you weren't told why you were fired. Below you will find some tips for understanding your situation and overcoming it.

Steps

Part 1 of 5: Getting the news of the layoff

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Step 1. Listen to your boss well

Sit down and listen in silence to everything he says at the time of dismissal, as you need to retain all the information at this point to understand exactly why you are being dismissed.

Deal with Being Fired Step 1

Step 2. Don't argue

The decision to resign has already been made and it is unlikely that you will be able to do anything to change the situation. Don't try to convince your boss to reconsider.

If you insist on arguing, it's possible that your boss will say negative things about you when future employers call for references

Quit a Job Step 8

Step 3. Stay calm, no matter how emotional you are

It's understandable to be on edge, but you have to work hard not to show it. It doesn't matter if you're sad or nervous, take a deep breath, stay calm and don't make a fuss.

Do some breathing exercises when you feel yourself about to lose your cool. Excuse yourself for a minute and take a deep breath for ten seconds. Hold your breath for a moment and release it, counting to ten. Repeat until you get better control

Cancel to Check Step 9

Step 4. Ask questions

If you haven't been given reasons for firing, you can ask, but be prepared to receive a vague response like "It was a cutback issue." A few things to ask yourself:

  • What are the next steps?
  • Do I have to fill out some paperwork?
  • Can the company recommend any employment agencies?
  • What are the company's exit procedures?
Deal with Being Fired Step 4

Step 5. Negotiate reasons for dismissal, if necessary

Perhaps your ex-boss will agree to describe your resignation neutrally for possible future reference, without burning your image with other companies.

Deal with Being Fired Step 3

Step 6. Be careful when signing agreements

If the company offers a fee in exchange for an agreement in which you admit you quit, think carefully before signing. Your signature will give the company legal support to say that it has no further obligation to you.

Take some time to think and, if possible, show the agreement to a lawyer before signing to verify the legality of the situation

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Step 7. Try to leave your job on good terms with your boss

As angry as you are, be grateful for the opportunity and go your way. Letting anger take over will only damage your image: your actions will be remembered and possibly reported to future employers.

By keeping calm, you can use your future job as a reference when interviewing for another position

Quit a Job Step 1

Step 8. Plan Yourself

Start cutting expenses and organizing your budget so you can support yourself for a while, until you get another job. If you need to go to the doctor for any reason, plan to go before the company's health insurance expires.

Part 2 of 5: Knowing your rights

Open an Interview Step 3

Step 1. Know that you can be fired at any time for no reason

Under Brazilian law, employers can fire employees whenever they want, but employees still have some rights that can be useful in the event of unfair dismissal.

In the event of a layoff, you will likely talk to your boss or the company's HR department. Now it's time to assert your rights

Quit a Job Step 2

Step 2. Find out about advance notice and fines

Before terminating the employment contract, the employer must notify the employee for a minimum period of 30 days, so that he has time to plan and look for another job. There are two options for prior notice: the company can terminate the employee immediately and pay the installment for the period, or the employee can work for another 30 days after dismissal. In addition, there is a proportional prior notice, in which there is an increase of three days for each year worked at the company.

  • You must also receive the 13th salary of the year, proportional according to the last month of work.
  • Depending on the case, the employer will have to pay a fine of 40% for the total amount deposited in the employee's guarantee fund account.
Get a Job With an Ad Agency Step 9

Step 3. Know when firing is illegal

In some cases, the employee cannot be dismissed for a period of tenure, and dismissal is considered illegal. It's important to know your rights.

  • You cannot be fired in retaliation for making a complaint about wrongdoing at the company, for example. If that's the case, hire a lawyer and go to court.
  • If you believe you have been dismissed for discriminating against race, origin, gender, age, religion, social status, disability or sexual orientation, contact a lawyer and go to court.
  • If you have applied for common illness or accident assistance, you have the right to keep your job. Upon returning to activity, you are entitled to tenure for at least 12 months, during which time you cannot be dismissed without just cause.
  • Pregnant women also have guaranteed employment of initial confirmation of pregnancy up to five months after delivery. Despite the pressure that many women receive, they cannot be fired before this period, except in cases of serious infraction that characterizes just cause. Some companies, however, choose to terminate the employee in question, paying all the remaining months in advance.
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Step 4. Receive the remaining values

Depending on the day of the month on which you were fired, you are entitled to receive a prorated salary for the period you worked. Make that right count!

Know that the company must pay off due or future vacations in a proportional manner. If necessary, contact a lawyer to find out the exact amount you should receive

Part 3 of 5: Getting unemployment insurance

Deal with Being Fired Step 2

Step 1. Find out if you can get unemployment insurance

Contact a lawyer or an agency of the Ministry of Labor and Social Security to find out if you are eligible for the benefit. In general, for the first application for unemployment insurance, you must be unemployed, have been unfairly dismissed and have worked for at least 12 months..

If you resigned or were dismissed for cause, you are not entitled to unemployment insurance. In addition, insurance is denied to anyone who receives other Social Security benefits, with the exception of accident assistance and death benefits

Deal with Being Fired Step 7

Step 2. Know the deadline for applying for the benefit

Formal workers have 7 to 120 days, counting from the date of dismissal, to seek the Ministry of Labor and Social Security with the necessary documentation and file for the benefit. Domestic workers, on the other hand, have 7 to 90 days.

Contact the Ministry of Labor or do an internet search to find out which agency to present the documents and apply for the benefit in your state

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Step 3. Apply for unemployment insurance

The procedure may vary a little depending on where you live, as some states, such as São Paulo, have centers like Poupatempo, which facilitate the process by concentrating it in a single place. It is important to gather the following documents before applying for the benefit:

  • Personal document (RG and CPF);
  • Work and Social Security Card (CTPS);
  • Birth or marriage certificate;
  • Proof of enrollment in PIS/PASEP or citizen card;
  • Three last payslips for the months prior to dismissal;
  • Completed Unemployment Insurance Application form;
  • Term of termination of employment contract;
  • Survey of FGTS or extracts of payments made.
Get Your Driver's License Step 9

Step 4. Request a review if the request is denied

If any documents are missing or you are found to be ineligible for the benefit, there may have been a mistake. Of course, check that your documents are up to date and that the unemployment insurance application has been properly filled out.

  • It is also good to know the different working periods for the following requests. If you worked 12 months and received unemployment insurance, the next time you become unemployed, the minimum time to receive the benefit will be 9 months.
  • If you believe you have been fired without cause, but the company has documented a justified dismissal, use witnesses and a lawyer to be able to apply for unemployment insurance.

Part 4 of 5: Looking for a new job

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Step 1. Update your resume with recent information before you start looking for a new job

Include the skills developed in your last job, along with professional experiences.

  • If you don't know if your resume is good, do some internet research or ask a trusted friend for help. It is very important to show professionalism!
  • To increase the impact of the curriculum, include projects, important tasks, and professional achievements in the "Experience" section.
  • No need to explain how your last job ended. Unless the interviewer asks what jobs you were fired from, don't say anything.
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Step 2. Start looking for a new job right away

Once you get over the job loss, go back to the market. It's okay to take a few weeks to organize your life, but it's good to know that it's hard for you to be successful in your first few interviews and that the longer you're out of work, the harder it will be to get a new job.

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Step 3. Prepare for interviews

Review your résumé and job description as you are called to talk, preparing to respond to your experiences and appearing like the right person for the position.

Quit a Job Step 3

Step 4. Talk about your last job professionally

The interviewer will most likely ask why you left your last job: respond honestly and professionally, being as positive as possible. There's no need to go into detail, but try to be honest and answer something like "I left the company in good time and now I'm looking for a good opportunity to leverage my strengths."

  • Try to turn past experiences into positive ones. As much as you were disappointed in the firing, you should feel lucky that you learned so much on the job.
  • Don't talk bad about your ex-boss as you don't know what his connections are. Showing respect, no matter what happened, is also very important.
  • Be honest and don't make up stories about being fired. It is possible that you will be discovered.

Part 5 of 5: Preparing for the future

Be Mentally and Emotionally Strong Step 24

Step 1. Always be prepared for the worst

No matter how secure your job seems, you are always at risk of being fired for no good reason. Because of this, it is very important to be prepared for everything.

Keep your resume up to date and keep an eye on available positions at all times

Deal with Being Fired Step 16

Step 2. Update your resume frequently whenever you develop a new skill or gain more work experience

The curriculum must change and develop with you. It can be difficult to keep track of all your work projects, so try to update your curriculum as soon as you finish an assignment or course.

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Step 3. Update your professional profiles on the internet

If you're on a network like LinkedIn, it's a good idea to keep your profile up to date with work experiences and skills learned to make a good impression.

Respond quickly to friend requests to show interest and organization

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Step 4. Check job postings frequently, trying to catch up on the job market

Even if you believe your job is secure, it's a good idea to keep an eye out for other possible positions you could fill.

Compare your job with other similar jobs to find out if you're being treated fairly. You may be surprised to find that similar professionals are getting much more or much less

Become a Marketing Manager Step 8

Step 5. Network whenever possible

This is an important practice when getting fired, because the more connections we have, the better our chances of getting a job quickly. Some tips:

  • Participate in professional events and parties.
  • Establish virtual connections.
  • Be respectful and friendly whenever you meet someone.

Tips

  • Avoid the negative emotions associated with being fired. Many capable and competent professionals are fired! Process what you're feeling and move on with your head held high!
  • If you believe you have been fired for an illegal or discriminatory reason, seek a lawyer immediately! Don't let time pass and the situation fall by the wayside.

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