Home/Employment Law/Wrongful Dismissal Claims

Employment & Labor

Wrongful Dismissal Claims in Chile

If the ground in your termination letter was false or the letter was defective, the law gives you a claim — but the deadline is short.

Book your consultation → All employment law services

Overview

What this involves

Chilean law places the burden on the employer to prove the ground stated in the termination letter. That is a genuine advantage for the employee — and it is why so many dismissals that looked solid at the time do not survive a challenge.

The constraint is time. Deadlines to challenge a dismissal are short and run from the termination itself, not from the moment you decide to act. The most common reason a strong claim fails is that someone spent three months hoping the employer would reconsider.

What we handle

Letter and ground review

Whether the stated ground is legally valid, factually supported and formally correct — defects in any of the three open a claim.

Severance recalculation

Verifying the amounts paid against what was actually owed, including years of service, notice, holiday and variable remuneration frequently left out of the calculation.

Unjustified dismissal claim

Filing and running the claim, including the statutory increases the court can apply when the ground is rejected.

Fundamental-rights claims

Where the dismissal involved discrimination, retaliation or violation of protected rights, the specialized procedure that carries higher compensation.

Negotiated settlement

Many claims resolve before hearing. We negotiate from the strength of the file rather than accepting the first offer.

From anywhere

How we run this for a client abroad

Assessment first

You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

We file, you get updates

Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.

FAQ

Wrongful Dismissal Claims — common questions

What English-speaking clients ask us most about this specific service.

How long do I have to file a claim?

Short — and the clock starts at the termination. Filing a complaint with the Labor Inspectorate can affect the timing in some situations, but it is not a substitute for the court deadline. If you were recently dismissed and something feels wrong about it, get the letter reviewed now rather than after the holidays.

I already signed the finiquito. Is it over?

Not necessarily. A finiquito signed with a reservation of rights preserves your claim, and one executed without the legal formalities may not have the closing effect the employer assumed. Even a properly signed finiquito does not cover amounts that were never included in the calculation. Have it reviewed before concluding you have no case.

What can I recover?

If the court finds the dismissal unjustified, severance becomes payable with a statutory increase that varies by the ground the employer invoked. Where fundamental rights were violated, additional compensation applies. We estimate the realistic range from your documents rather than quoting a maximum.

Do I have to be in Chile for the case?

Not for most of it. We act under a power of attorney and handle the filings and hearings. Some proceedings require your testimony, and we plan for that in advance — including remote alternatives where the court allows them.

Talk to a Chilean lawyer about challenging your dismissal in Chile

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →

WhatsApp+56 9 5217 5304

Emailhola@oklegal.cl

HoursMon–Sat 09:00–20:00