Doctor exposes resignation via WhatsApp and reactions show: he is not alone

The orthopedic doctor Victor Hugo Heckert, 29, was fired from a health unit in Barão de Cotegipe (RS) through a WhatsApp message yesterday, and was outraged by the treatment. Exposing the message on social media, however, he realized that he is far from alone and the reproduction of the warning went around Brazil, with almost 80 thousand likes, and provoked a wave of sharing of similar cases in several companies and branches.

“There are certainly malicious professionals and I know that we cannot complain about the remuneration [na medicina]but it’s not because I earn more that I have to keep quiet”, he said in an interview with UOL.

He also says that several fellow doctors on duty, like him, were sent away in the same way and that he must fulfill his last workload this Thursday (28).

“This disregard for people is what revolts me the most. Nobody deserves to be treated this way”, concludes the doctor.

Among the more than a thousand comments, many people identified themselves and responded with screenshots of their own dismissal processes. One of the social network users, for example, was fired via WhatsApp while traveling on vacation.

Compensation depends on treatment

Depending on how the employee is treated, it is possible that dismissals of this kind may be subject to compensation in the courts. Civil and labor lawyer Rafael Damasceno Caetano30, says that the situation is a two-way street: the employer can fire via WhatsApp and the employee can also resign in the same way.

There is no legislation in the labor sphere that allows or prohibits the employer from carrying out the dismissal of the employee through WhatAapp or other messaging application. However, due to the significant growth of this means of communication, the regional labor courts, including the one in São Paulo, have understood that this type of contractual termination can indeed be considered valid.
Rafael Damasceno, lawyer

He emphasizes that it is important to mention that, regardless of the means used for dismissal, the dignity of the worker and the rights granted to him by the Consolidation of Labor Laws must always be respected. That is, regardless of the means by which the dismissal is made – in person, by videoconference or by text message on WhatsApp – the person should not be offended.

On the other hand, while the employee is away, whether during vacation or medical leave, his contract is temporarily suspended and therefore he cannot be fired, even more so with the use of a vexatious message.

“Moral damage is an injury to the dignity of the worker. Any conduct that harms the employee’s intimacy, that promotes embarrassment, causes psychological damage, can be considered moral damage. Some examples are: moral harassment, sexual harassment, vexatious nicknames, installation of cameras in changing rooms and bathrooms, any type of humiliation”, concludes Damasceno.

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