When can I be fired for just cause? See main reasons

the dismissal for just cause it is the most drastic measure adopted by a company when terminating the employment contract with an employee. The conducts that lead to this type of dismissal are defined in the Consolidation of Labor Laws (CLT). Find out what the rights of the dismissed worker are and what causes the dismissal for just cause.

Read more: Aid cut by employment relationship can be recovered after dismissal

When dismissed for just cause, the worker loses some rights. For example, he is without the indemnity of 40% on the Severance Indemnity Fund (FGTS). He also loses notice and unemployment insurance.

Dismissal for just cause: rights and causes

As seen, dismissal for just cause is the greatest punishment suffered by the worker who deviates from the rules defined by the CLT. The conducts that can yield this type of contract termination are:

  • Act of indiscipline or insubordination;
  • Abandonment of employment;
  • Violation of company secrecy;
  • Negligence (negligence) in the performance of duties;
  • Verbal and physical offenses against the employer and superiors;
  • act of improbity;
  • Habitual or on-the-job drunkenness;
  • Constant practice of gambling.

Other causes are also provided for in the CLT. But these are the most common. The worker in these conditions loses several rights. Basically, the employee receives the wages that have not yet been paid for the days worked in the month of dismissal.

He loses the right to the 13th proportional, proportional vacation plus 1/3, as well as the FGTS withdrawal and the fine on FGTS deposits. Usually, some companies prefer to warn employees with warnings before going to the most drastic dismissal.

Regardless of the reason given by the employer, the worker may disagree with the causes that led to the dismissal. In these cases, the dismissed employee can appeal and file a lawsuit in the Labor Court to try to reverse the dismissal for just cause.

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