You are in a redundancy process Should you accept the 20-day compensation?
This situation is one of the most difficult and stressful. We know this because we have advised hundreds of workers like you. Is this your case?
Are you feeling overwhelmed and unsure of your rights?
Do they offer you the legal minimum (20 days per year) and tell you that «nothing more can be done»?
Do you doubt the «reasons» the company is giving? (e.g. «They say there are losses, but we know that's not true»).
Has the union or committee signed an agreement, but you think it's insufficient or unfair to you?
Are you afraid that if you don't sign now, you'll lose the little they're offering you?
The biggest risk is signing the termination settlement without an expert reviewing it. If you accept, you could be giving up thousands of euros that are rightfully yours.
To claim the maximum compensation and challenge your dismissal
Being on a redundancy scheme (ERE) doesn't mean you have to accept the bare minimum. The company must demonstrate real and proportional grounds.
Our aim is not just to «review papers»; it is to strategically analyse the ERE (Spanish redundancy/lay-off scheme) to find flaws and secure the maximum possible compensation for you.
we help you Reclaim individually for your dismissal to be declared unfair (or void), obtaining a much larger compensation (33 or 45 days) or even your re-employment.
| Action | Accept the agreement (without reviewing) | To contest individually with a solicitor |
|---|---|---|
| Your compensation | You accept the agreed compensation (often, the legal minimum of 20 days or slightly more). | We seek inadmissibility (33/45 days) or nullity. The difference could be thousands of euros. |
| The causes | Take for granted that the causes alleged by the company are true and legal. | We analyse the economic report. If the causes are false or «inflated», the ERE is a fraud. |
| Control | You lose all control. Others (unions, commission) have decided for you. | You regain control over your dismissal. You decide if you fight for what is right for you. |
| Result | You accept the minimum and sign the termination agreement, losing the option to claim more. | Real possibility of doubling your compensation if the dismissal is declared unfair. |
We know you're in shock and that you want to get this over with as soon as possible. But don't let the pressure cost you thousands of euros.
Why trust FA Lawyers Challenge your dismissal in a collective redundancy procedure
We understand this is a negotiation, not a simple dismissal. We know where to look for the company's errors. Our experience is based on strategy:
Directed by Antonio Fernández Álvarez and Elena Pulido, registered employment lawyers.
Specialists in Collective Dismissals (EREs) and employee defence.
Experts in the individual challenge of fraudulent or void redundancy dismissals.
Strategic analysis of economic memory and the causes of the ERE (we know how to detect if they are false).
Negotiating compensation above the statutory minimum (20 days).
Hundreds of workers affected by dismissals (individual and collective) advised.
Offices in Marbella, Seville and Tarifa.
First consultation to assess your case and the real options for improvement.
Our process defence (steps to challenge your redundancy)
An ERE has very short deadlines (20 days). We act quickly. This is our method:
Strategic analysis (urgent): We reviewed the dismissal letter and the key documentation for the collective redundancy procedure (economic report, negotiation minutes, final agreement). We looked for formal and substantive errors (the causes).
Calculation of actual compensation: We calculate the compensation that has been offered to you (20 days) and compare it with what you would be entitled to for unfair dismissal. We will tell you the exact amount we will fight for.
Conciliation (SMAC) Introducing the conciliation ballot. It is the first mandatory step and where we seek an agreement on the inadmissibility without the need to go to court.
Individual court claim If the company does not concede during mediation, we will file a claim with the Social Court, requesting that your individual dismissal be declared unfair (or void) due to lack of cause or fraud.
Success stories real (our experience)
Case 1: Individual challenge and unfair dismissal
Problem. Client (banking sector) affected by a collective redundancy process due to ‘organisational’ reasons, with an agreed compensation of 22 days/year.
Solution The individual dismissal was challenged, demonstrating that his position was not being made redundant and that the grounds did not apply in his case (fraudulent evasion of the law).
Result: Ruling of unfair dismissal, achieving compensation far superior (equivalent to 33 days) to that agreed in the collective agreement.
Case 2: Nullity of ERE due to economic fraud
Problem. Group of workers (retail sector) in an extraordinary redundancy procedure where the company did not prove the actual economic reasons.
Solution A class action (and individual) lawsuit was filed requesting the annulment of the ERE due to fraud.
Result: The collective redundancy was declared ‘unlawful’. The company had to negotiate the unfair dismissal with all the workers, paying the legal maximum.
