Dismissal for just cause is one of the most severe forms of employment termination, as it strips the employee of several severance entitlements, such as prior notice and the FGTS penalty. However, employees are often dismissed under this claim improperly, without employers correctly following the legal requirements.
What constitutes just cause?
Under Article 482 of the Consolidation of Labour Laws (CLT), just cause occurs when the employee commits serious misconduct that makes it impossible to continue the employment relationship. Some of the most common grounds include:
- Acts of dishonesty (fraud, theft or bad faith in the workplace);
- Insubordination or indiscipline (failure to comply with the employer's direct orders);
- Negligence (ongoing carelessness in performing duties);
- Serious assault or offences in the workplace;
- Job abandonment (unjustified absence for more than 30 consecutive days).
To be valid, just cause must be proven with documents and witnesses and must follow the so-called principle of proportionality — that is, the penalty must be appropriate to the misconduct committed.
What to do if dismissed for just cause?
If you have been dismissed for just cause and believe it was applied unfairly, it is essential to follow a few steps:
- Request the documents: ask the employer for the dismissal letter and the reasons behind it;
- Gather evidence: messages, e-mails and witnesses can be essential to support your defence;
- Seek a lawyer: a Labour Law specialist can review whether the procedure was irregular and file a labour lawsuit if necessary.
If you are facing a dismissal for just cause or have questions about your labour rights, the team at Petereit e Sato Advogados is ready to provide the guidance you need.
