One of the biggest fears for any worker is facing retaliation for speaking out. «If I complain, will I get sacked?» It's a common concern that paralyses many employees when faced with unfair changes to their working conditions.
En FA Lawyers We recently achieved a resounding victory that demonstrates the law protects those who defend their rights. Today, we tell you the case of a security guard that the company tried to «punish» by dismissal, and how we managed to turn the situation around in the courts.
The conflict: A forced relocation and a swift dismissal
Our client had been working as a security guard since 2018. His situation was stable until, suddenly, the company informed him that they were transferring him from his usual post in a homeowners' association to a different service.
The worker did not remain silent. He informed the company that the change was not correct, as there was a prior agreement that bound him as the titular security guard for his original community. He exercised his right to object to a modification he considered unfair.
What was the company's response? Barely 24 hours after the worker complained, they were summoned to the office and handed a disciplinary dismissal letter, alleging a supposed «very serious misconduct». With no proof, no real justification, simply as immediate punishment.
Our strategy: Indemnity guarantee
When the case came to FA Lawyers, We knew clearly that we weren't facing a simple unfair dismissal. We were facing a violation of fundamental rights.
Our defence was based on the principle of «indemnity». Explained simply: a company cannot use dismissal as a weapon to get revenge on an employee who is claiming their rights.
We demonstrated the timeline of events to the judge, which was overwhelming:
- The worker complains about the transfer on the 29th.
- The company is laying you off on the 30th.
- The company was unable to provide a single piece of evidence for the alleged «very serious misconduct» mentioned in the letter.
We showed the court that there was a direct link between the worker's complaint and his dismissal. He wasn't fired for poor performance, he was fired for causing trouble.
The result: Total justice for the worker
The Social Court No. 5 of Malaga ruled in our favour in Ruling No. 371/2024, declaring the UNFAIR DISMISSAL. The consequences of this statement are the most powerful that exist in labour law:
- Immediate readmission: The company is obliged to return you to your job in the same conditions as you had it.
- Payment of processing wages: The company must pay you the salary for all the days that have passed since your dismissal until the court's ruling, as if you had been working (at a rate of over €60 per day).
- Additional compensation of €7,501: We got the judge to order the company to pay this extra sum for «moral damages», thus penalising the violation of their fundamental rights.
This case is a warning to companies: workers' rights cannot be trampled on. If you feel your dismissal has been retaliatory, punitive, or discriminatory, do not sign anything without consulting us.
En FA Lawyers we know how to detect these breaches and fight not only for your compensation, but for your dignity and your job.