A labor lawyer has issued a warning to employees regarding the potential loss of seniority benefits, which could result in unfair compensation during layoffs. Miguel Benito, the lawyer in question, shared his insights via Instagram, emphasizing the importance of accurately knowing one”s seniority in the workplace.
According to Benito, seniority is crucial for determining the amount of severance pay workers may receive if they are dismissed. He stated, “Your seniority in the company is your most valuable asset,” underlining that it can significantly impact the compensation package offered upon termination.
Benito elaborated on two key reasons why seniority matters. First, the longer an employee has been with a company, the greater the severance pay they are entitled to. Second, many labor agreements provide additional benefits for seniority, such as bonuses based on years of service.
He advised workers to ensure that their recorded seniority aligns with the date of their first employment contract. To verify this, he recommended that employees regularly check their payroll statements for accuracy.
The lawyer pointed out that one common practice that negatively affects seniority recognition is subrogation, where companies may change the employment start date during ownership transfers, disregarding prior years of service. This issue also extends to individuals who have worked through temporary employment agencies or held previous temporary contracts. In such scenarios, Benito reminded workers that their real seniority dates back to their first contract, regardless of when their permanent position was established.
