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Dismissal for just cause investigations

Dismiss an employee

How to dismiss an employee: investigations on dismissal for just cause or justified reason are aimed at supporting an interruption of the relationship through certain tests, to be used in court.

How to dismiss an employee:

We specialize in the correct acquisition of the appropriate evidence to document the established offenses. The investigations on dismissal for just cause are also aimed at supporting a dispute or an interruption of the relationship through certain testimonial and / or documentary evidence, to be used in court.

In the cases permitted by the regulations in force, the testimonial and documentary evidence is accompanied by videos and photographs, usable in court, which certify the offenses suffered.

Article 2119 of the Civil Code states that termination of the employment contract is allowed without the need for prior notice "in the event of a cause that does not allow the continuation, even provisional, of the employment relationship", describing, therefore, the effects of the phenomenon but not the phenomenon itself.

The above mentioned provision states that "Each of the contracting parties may withdraw from the contract before the expiry of the term, if the contract is for a fixed term, or without notice, if the contract is indefinite, in case there is a cause that does not allow continuation, even provisional, of the relationship.

If the contract is permanent, the indemnity indicated in the second paragraph of the previous article shall be payable to the worker who withdraws for just cause.
The failure of the entrepreneur or the compulsory administrative liquidation of the company does not constitute just cause for termination of the contract ".

The main reasons for dismissing an employee, following the investigations, concern the following cases:

  • Absenteeism: investigations conducted to gather evidence of the unjustified absence from the employee's work.
  • Assessment of offenses to the detriment of company assets
  • False illness and false injury
  • Contrasting behavior with the therapeutic needs of a rapid recovery in relation to the nature of the pathology and the tasks carried out, in order not to prejudice or delay the recovery from illness or injury
  • Violation of the non-competition agreement
  • False stamping
  • Law 104 Dismissal: Fruition permitted under Law 104/92 not correct. Discover through investigations and evidence if the employee, on paid leave, is abusing the law 104 and can therefore be dismissed for just cause.
  • Loss of CIG requirements
  • Violation of the fidelity obligation: unfaithful employee and unfair competition
  • Theft or sabotage: dismissal for theft in the company
  • Unusual use of corporate assets and tools

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