Table of Contents
- Intro
- Can they fire you for being sick?
- «You don't fit the company.»: an excuse, not a cause
- Absence with permission of the company
- Call for nullity changes negotiation
- How to tax more than legal compensation
- Real case
- Summary
- Frequently asked questions
- Conclusion
1. Introduction
Many young workers, with a few months in the company, believe that if they are fired there is nothing to claim: the compensation for seniority is small and does not seem to be worth it. But when the real reason for dismissal is a disease, the situation changes completely. To ask for the annulment of the dismissal can multiply what is finally charged.
2. Can they fire you for being sick?
No. The Law 15 / 2022, integral to equal treatment and non-discriminationincluding disease among the prohibited grounds of discrimination. A dismissal, the real reason for which is that the worker has been discharged or has failed due to illness, can be declared null and void, with the compulsory readmission and payment of the wages lost.
We explained this with another case in our article on the dismissal for medical leaveand more generally in the one dedicated to the violation of the right to equality in the field of work.
3. «You don't fit the company.»: an excuse, not a cause
Once the trial period is over, the company cannot fire freely. A disciplinary dismissal requires a serious and guilty breach of the worker, and tell him that «is not adapted to the company» It's not. When the letter from dismissal it does not make any breach and comes right after a medical leave, it is a clear sign that the real motive is another.
4. Absence with permission of the company
If the worker requested permission not to attend one day and the company granted it, such absences cannot be used against him later. The WhatsApp messages in which the manager authorizes each absence are a fundamental evidence: they show that the company knew the situation and accepted it, and that the subsequent dismissal does not respond to any non-compliance.
5. Call for nullity changes negotiation
If only a claim of inorigin is made, the maximum that is obtained is the compensation of 33 days per year, which with a few months of age is a very small amount. If a request for annulment is made, the risk to the company is much greater: to readmit the worker and pay her all the wages since the dismissal. This risk leads the company to negotiate a much higher agreement than legal compensation, as we also explained in our article on the the day of the trial which multiplied the compensation by 13.
6. How to tax more than legal compensation
Dismissal compensation is exempt from IRPF up to the amount required by the Workers' Statute. What is charged above that tax amount as work performance, and the company must practice the corresponding retention on that excess.
Therefore, when negotiating an agreement, it is appropriate to agree whether the amount is gross or net. If a net amount is agreed, the worker receives exactly that figure in his account.
7. Real case
Our client is 20 years old and worked as an assistant at a veterinary clinic since March 2025. On 12 June 2025 he was on a medical leave and rejoined. Then, on several occasions, he wrote by WhatsApp to the manager to tell her that he could not go to work and ask her for permission, and the manager granted it every time. On 15 July 2025, having exceeded the probationary period, the company dismissed her without any statement of objections, on the grounds that it was not adapted to the company.
He had 739 euros for his age. We filed a petition for the annulment of the dismissal, because the real reason was his illness. The company's lawyer came by plane from Madrid, and finally an agreement was reached: our client will charge 5,800 euros net, eight times more. The share that exceeds EUR 739 tax, and the company will practice the retention on that excess.
8. Summary
| Status | Consequence | Legal basis |
|---|---|---|
| I'm fired for being sick. | May be null and void by discriminatory | Law 15 / 2022 |
| «Not suitable for the company» after the test period | It's not a serious and guilty breach. | Staff Regulations |
| Absence authorized by the company | They cannot be used against the worker | Test: WhatsApp messages |
| Nil dismissal | Readmission and unpaid wages | Staff Regulations |
| Higher than legal compensation | The excess tax on the IRPF | IRPF Act |
9. Frequently asked questions
Can you fire me for being off for a few days?
No. If the real reason for dismissal is the disease, the dismissal may be declared null and void.
Is it worth claiming if I've been in the company for a few months?
Yeah. Even if the age compensation is small, the application for invalidity may lead to a much higher agreement.
Is a dismissal valid because «I don't fit the company.»?
Once the trial period is over, it is not a valid cause of disciplinary dismissal if there is no serious and guilty breach.
Do I have to pay taxes for the compensation?
Legal compensation is exempt. What is charged above it taxes on the IRPF.
10. Conclusion
To be young and to be in the company for a few months does not mean to accept an unfair dismissal. When the real reason is the disease, asking for the invalidity gives the worker a much stronger negotiating position, and can turn symbolic compensation into a number of times higher.
In the area of Labour law from Leynver Lawyers we analyze your dismissal and fight for you to take what really suits you.
