What Happens if I Send a Labor Telegram and Get Fired the Next Day?
Retaliatory dismissal following a statutory demand telegram entitles workers to full Art. 245 seniority severance on actual wages, notice pay, and expedited SECLO conciliation.
Fired immediately after dispatching a statutory telegram?
Secure your full severance payout with Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Retaliation Confirms Severance Rights: Secures 100% statutory seniority severance under Art. 245 LCT.
- Employer Silence Presumption (Art. 57): Failing to answer within 48 hours legally presumes employee claims true.
- Expedited SECLO Proceedings: Summons the employer to a mandatory conciliation settlement hearing.
1. Retaliatory Dismissal and Good Faith (Article 63 LCT)
When an employee exercises the lawful right to demand registration or unpaid wages via statutory telegram and the employer retaliates with immediate dismissal, it constitutes unlawful retaliatory termination violating the good faith principle (Article 63 LCT).
Retaliation does not weaken the claim; rather, it solidifies full entitlement to Article 245 seniority severance calculated on actual demanded wages, plus notice pay in lieu and month integration.
2. Final Telegram Rebuttal and SECLO Conciliation
A final telegram is dispatched rejecting employer pretextual defenses and initiating mandatory administrative conciliation before SECLO in Buenos Aires.
Frequently Asked Questions
Can an employer dismiss me for cause right after my telegram?
Employers frequently fabricate pretexts, but labor judges dismiss employer allegations made following statutory worker demands.
What severance payout is owed after retaliatory firing?
100% of Article 245 seniority severance computed on actual wages, notice pay, month integration, and prorated benefits.
What if the company ignores my telegram?
Employer silence exceeding 48 business hours generates a statutory legal presumption against the company under Article 57 LCT.
How quickly is a SECLO conciliation hearing scheduled?
Typically within 15 to 25 business days following online docket registration.