Employment termination specialist attorney in Gijón
Claim your maximum compensation Review your termination with me before signing anythingmanuel barba
Have you just received a termination letter or are you afraid of losing your job? Time is working against you. In employment law, you only have 20 business days to challenge the company’s decision. If you let this deadline pass, you will lose your right to collect compensation or to be reinstated.
I am Manuel Barba, an employment attorney. I work daily in Gijón defending workers like you against unjust, disciplinary, or poorly justified objective dismissals.
⚠️ Warning: Do not sign the final settlement or termination letter without adding «Not in Agreement» and today’s date. A hasty signature could cost you thousands of euros.
Have you been dismissed in Gijón? Review your letter before signing
Many companies in Gijón and Asturias use generic termination letters to avoid paying what is legally required. My job is to dismantle those arguments and convert a «justified dismissal» (cheap for the company) into an unjustified or void one.
It doesn’t matter if your workplace is in the Mora Garay Industrial Estate, Roces, or in downtown Gijón. The law is the same for everyone, but the defense strategy makes the difference.
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I analyze your case and the legality of the termination
I review the letter, documentation and alleged causes.
I explain your options
Reinstatement (if null and void) or compensation (if wrongful).
I claim what you are entitled to
Before the company and, if necessary, I defend your case in court.
Don’t face this situation alone: make the best decision with the confidence of being well represented.
justice
Types of dismissal: disciplinary and objective
To win your case, we must first identify the real reason behind the company’s decision. I use factual structures to explain it clearly to you
Disciplinary dismissal.
The company alleges that you have committed a very serious offense (performance decline, absenteeism, etc.) to dismiss you without compensation.
The reality: If they cannot prove it with compelling facts, the dismissal will be unjustified.
Your benefit: You go from €0 to compensation of 33 days per year worked (or 45 days/year for seniority prior to 2012).
Objective dismissal
The company says it «has losses» and offers you only 20 days per year.
The strategy: I analyze the company’s accounts. If there are no real losses or there are formal defects in the letter (very common), we claim unjustified dismissal to increase your compensation.
Void dismissal
Occurs if they dismiss you for being pregnant, requesting reduced working hours, or as retaliation for claiming your rights.
The result: Reinstatement is mandatory and they must pay you interim wages (your salary from when you were dismissed until you are reinstated).
Differences between Void and Unjustified Dismissal
Void Dismissal
Declared when the company violates fundamental rights (e.g., pregnancy/maternity, reduced working hours, discrimination, retaliation, etc.).
👉 Mandatory reinstatement + interim wages.
Unjustified Dismissal
Declared when there is no valid cause or formal requirements are not met.
👉 The company chooses between reinstating you or paying you compensation (as a general rule, 33 days/year; 45 days/year for seniority prior to 2012).
I calculate your compensation and explain if you can claim reinstatement or maximum compensation by law.
This is the plan to challenge your dismissal in 3 simple steps
Contact me and send your dismissal letter
(initial review without obligation).
I assess if it’s null or unfair
and define the strategy: conciliation before the SMAC and, if appropriate, lawsuit.
I claim maximum compensation for you
Or reinstatement, keeping you informed at every step. I work on a success fee basis.
your attorney
My services for dismissal cases in Asturias
My main focus is defending workers against all types of dismissals. I offer legal counsel and expert representation in cases of:
Disciplinary dismissal
If the company alleges serious misconduct by the employee. I will analyze whether the cause is justified and whether the formal requirements have been met to defend your rights.
Wrongful dismissal
I will fight to have your dismissal declared wrongful if the company cannot justify the cause or has not followed the legally established procedure, seeking maximum compensation or employee reinstatement.
Objective dismissal
When the company argues objective causes (economic, technical, organizational or production-related). I will review whether these causes are real, if they are properly documented and if the dismissal letter complies with the law.
Wrongful termination
If your dismissal violates fundamental rights (pregnancy, reduced working hours for childcare, claiming rights, discrimination, etc.), I will seek nullification of the dismissal, which implies your mandatory reinstatement and payment of lost wages.
Collective dismissals (workforce reduction)
I handle reviewing the legality of the disciplinary action and procedure, prepare defenses and challenge it if it does not comply with the law.
The objective is to obtain the annulment or reduction of the sanction and protection of your internal record.
Why trust your case to Manuel Barba?
My philosophy is clear: If you don’t win, my work has no meaning.
Specialization: I practice Employment Law exclusively. I don’t handle divorces or traffic tickets.
Direct access: You have my direct WhatsApp (607 501 535). You don’t speak with secretaries, you speak with me.
Fee transparency: I work with a clear engagement letter. No surprises.
Results: Hundreds of workers in Asturias have recovered their money or their jobs thanks to aggressive and technical defense.
This is what my clients say about my employment law services
Consult with your dismissal attorney in Gijón
Let me help you find the fair solution you deserve.
You can also schedule an in-person appointment at my law office
Manuel Barba, Employment Attorney in Avilés (I handle cases throughout Asturias, including Oviedo and Gijón).
C. Rivero, 6, 1º B, 33402 Avilés, Asturias
Phone: 607501535
Hours:
- Monday 9:00–21:00
- Tuesday 9:00–21:00
- Wednesday 9:00–21:00
- Thursday 9:00–21:00
- Friday 9:00–21:00
Frequently Asked Questions About Termination
What is the difference between wrongful termination and improper dismissal?
Wrongful termination involves violation of fundamental rights and results in mandatory reinstatement and procedural wages. Improper termination occurs due to lack of cause or formal defects: the company chooses reinstatement or compensation.
How do I know if my dismissal is disciplinary or objective?
Disciplinary termination is based on serious misconduct. Objective termination responds to economic, technical, or organizational causes. It's crucial to review the termination letter and requirements: if they fail, it may be declared wrongful.
How much time do I have to file a claim?
Solo 20 días hábiles desde el despido para presentar conciliación ante el SMAC y, en su caso, demanda. No dejes pasar el plazo.
Can I file a claim if I already signed the settlement agreement?
It depends. Firmar no siempre implica conformidad, especialmente si firmaste “no conforme”. Reviso tu documentación y te explico si aún puedes impugnar.
What can I obtain if the dismissal is improper?
The company must choose between reinstating you or paying compensation (generally, 33 days per year of service; 45 days per year for seniority prior to 2012).