Three Mistakes After Dismissal That May Cost You Compensation. Mistakes made in the first days after dismissal can cost an employee not only stress, but also their rightful compensation. Lawyer Juanma Lorente has identified three main pitfalls that even experienced employees often fall into. We explain how not to lose your right to severance pay.
When an employee receives a dismissal notice, there is almost no time to think: under Spanish labor law, you have only 20 working days to appeal the decision. Lawyer Juanma Lorente emphasizes that hesitation or poor strategy can result in losing the right to compensation.
The first and most common mistake is to do nothing immediately after receiving the letter. Many hope to deal with it later, but the countdown starts from day one. If you miss the deadline, it is impossible to restore the right to challenge the dismissal. Lorente puts it simply: "A day without action is a day you lose."
Filing on your own is a risk
The second mistake is trying to prepare and submit the so-called 'conciliation claim' (papeleta de conciliación) on your own. This is a mandatory step before filing a lawsuit, but according to Lorente, an improperly completed document can not only fail to help, but actually harm your case. A correctly drafted claim can sometimes resolve the matter out of court—but only if prepared by a specialist.
The third mistake is turning to a lawyer who does not specialize in labor disputes. Lorente compares: "If you injure your knee, you won't go to a gynecologist—you'll go to a traumatologist." In labor matters, it's not just legal support that matters, but in-depth knowledge of the nuances of labor law itself.
Why deadlines are critical
In Spain, the deadline to appeal a dismissal is one of the shortest in Europe. If an employee fails to submit the documents on time, even valid reasons are rarely accepted by the court. As Lorente notes, preparing documents and a strategy takes time, so waiting until the last day is risky.
A similar situation arises with other social benefits: for example, obtaining an old-age pension requires not only sufficient work history but also compliance with formal requirements, as explained in detail in the article on key mistakes when applying for a pension in Spain.
What to do if you are dismissed
Experts advise: if you disagree with your dismissal, immediately gather all documents, record the details of the situation, and contact a specialized labor lawyer as soon as possible. Do not try to save on legal advice—mistakes at the start can cost much more than the services of a professional.
In conclusion: in labor disputes, timing and professionalism are everything. Delay, acting on your own without experience, and choosing an incompetent lawyer are the three main reasons why employees in Spain lose their right to compensation after dismissal.
