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Social & Economic Rights

Dismissed Without a Fair Process

An employee is dismissed summarily without a fair hearing or valid reason.

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The Situation

What They Said

“You are fired. Pack your things and leave. Your services are no longer required.”
An employer summarily dismisses an employee without giving reasons, without holding a disciplinary hearing, and without following any prescribed process.
The Fallacy

At-Will Employment Assumption in a Rights-Based System

Some employers behave as though employment is a gift they can revoke at will. In many legal systems, employment is not an at-will arrangement. Every dismissal must be substantively fair — there must be a valid reason — and procedurally fair — there must be a fair process including notice and a hearing. A summary dismissal without either is presumptively unfair and may be challenged through appropriate legal channels.

What the Law Says

Your Legal Foundation

Ley de Contrato de Trabajo 20.744
art. 245 de la Ley de Contrato de Trabajo — Unjustified dismissal compensation
“In cases of dismissal ordered by the employer without just cause, whether or not prior notice has been given and after the probationary period has elapsed, the employer must pay the worker compensation equivalent to one (1) month's salary for each year of service or fraction greater than three (3) months, based on the best monthly, normal and habitual remuneration earned during the last year or during the time of service if it is shorter.”
Since the employee was fired without just cause and without following any process, they are entitled to severance pay under Article 245, calculated as one month's salary per year of service (or fraction over 3 months), based on the best monthly normal and habitual salary.
What Scripture Says

God's Word on This

Deuteronomy 24:14-15 (NET)
“You must not oppress a hired worker who is poor and needy... You must pay him his wage that same day... for he is poor and his life depends on it.”
God built labour protections into the law of Israel — demanding immediate payment, prohibiting oppression of workers. The right to fair treatment in employment is not a modern invention. It is ancient, God-given, and backed by law.
James 5:4 (NET)
“Look, the pay of the workers who mowed your fields, which has been held back by you, cries out against you.”
Workers denied what they are owed — whether wages or fair process — have a legitimate cry that Scripture takes seriously. James addresses this as a matter of justice, not sentiment.
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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “You were still in the probationary period, so you are not entitled to severance.”
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They might say: “We are not paying you the full amount because the calculation is based on your average salary, not your best month.”
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