The dismissal of an employee is an act of the employer and can be taken at any time, however at this moment some precautions must be taken so that this moment does not generate unpleasantness and even moral damages.

In times of pandemic, the home office work system has proven to be very efficient and has brought significant productivity gains to some people. However, this regime also causes a certain distance from personal relationships, which is viewed negatively by many employees.

Therefore, every caution is essential when dismissing someone.

Below are brief suggestions on communicating your resignation:

• Clear and objective – the moment of dismissal is not the time to discuss the employee's mistakes. Therefore, it is recommended to point out the reasons for the dismissal, without pointing out mistakes. Furthermore, when discussing the dismissal, the employer or his/her representative should be much more willing to listen than to talk.
• Personal – dismissal should preferably be carried out in person and, if this is not possible, via video or telephone call. Communication of dismissal via text message or email should be avoided.
• Documented – dismissal is an act that needs to be documented and, therefore, all acts must be duly documented. If the dismissal occurs via a video call, it is recommended to record this call and save it in a file.

It is worth noting that recent decisions have recognized the right to compensation for employees who were dismissed in an uncivil manner.

In case 0010405-64.2017.5.15.0032, the employer was ordered to pay moral damages for having fired the domestic worker through a messaging application with the following text: “Good morning, you are fired. Please return the keys and card to my house. You will be contacted shortly to sign documents”. According to the sentence, after this dismissal, the employer also accused the employee through the same messaging application of having forged the signature on the contract termination, immediately retracting the unfounded and thoughtless accusation.

In process 0000578-73.2015.5.02.0060 a large college was ordered to compensate a professor, who had worked at the institution for over 32 years, for his dismissal by telegram. In the judgment of the Instrument Appeal filed against the decision that denied the university's Appeal for Review, Rapporteur Minister Claudio Brandão highlighted that:

In this case, the factual framework recorded by the Regional Court reveals that the defendant's behavior exceeded the limits of the managerial power. Dismissing, by means of a simple telegram, an employee who had served her for more than 32 years, with an excellent reputation in the company, without any "lack or warning capable of tarnishing your functional life”, constitutes treatment that cannot be considered merely inelegant, but rather despotic, precisely because it goes beyond the limits of tolerance of any human being.

Therefore, extreme caution is recommended when communicating the breach of contract.

By: Rafael Mello and Israel Cruz