CASE STUDIES

Explore the cases of Toni Molina, lawyer in Sabadell, where legal mastery meets great results Discover real stories of challenges, strategies, and feats. Concisely and quickly gaining the results required by his clients.

DISCIPLINARY DISMISSAL

/Defense of the Worker

The worker received a dismissal letter after three and a half years with the company, stating the dismissal is due to disciplinary reasons. The letter lists a series of behaviors constituting a very serious offense, which the worker denied.

With no reconciliation at the CMAC (Conciliation, Mediation, and Arbitration Center), a lawsuit was filed in the Social Court. On the day of the trial, the company agreed to pay the compensation we had requested for wrongful dismissal.

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OBJECTIVE DISMISSAL

/Company Defense

In this case, a company that was gradually losing business was unfortunately forced to dismiss an employee from its workforce. The billing volumes indicated a clear decline over the previous three years. In accordance with the Workers’ Statute, the company notified the employee of an objective dismissal. The employee opposed this, arguing that the company is part of a large group with other companies and requests reassignment, but neither the type of work nor the geographical area allows for it. Therefore, at the trial, the dismissal’s validity is confirmed by the judgement.

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OBJECTIVE DISMISSAL

/Employee Defense

The employee received a dismissal letter based on the foreseeable short and medium-term business downturn However, the company failed to provide comparative sales volume data or official documents to support this claim.
Since no conciliation is reached at the CMAC, a lawsuit is filed. On the day of the trial, the company agreed to pay the employee compensation equivalent to an unfair dismissal.

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TERMINATION OF CONTRACT BY WORKER’S WILL

/With Compensation

A case of misconduct by an employer. Initially, the worker was dismissed on unfounded grounds, leading to a conciliation claim at the CMAC. There, the company agreed to rehire the worker. However, upon rehiring, the worker fell ill and had to take sick leave, and the company decided not to pay her salary despite legal obligations, causing severe financial problems for the worker. Consequently, she is forced to turn to Social Security to request benefits.
Given these breaches, we filed a lawsuit for termination of the employment contract by the worker’s will under Article 50 of the Workers’ Statute, with the compensation provided for in cases of unfair dismissal.

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DECLARATION OF INDIVIDUAL BANKRUPTCY

/Debt Cancellation

An individual who had incurred debt through bank loans while employed and unable to meet the payments finds themselves unemployed and at an age where restarting their professional career posed multiple challenges. They filed the request to be declared in a Voluntary Bankruptcy situation to subsequently seek the Discharge of Unsatisfied Liabilities (the forgiveness of their debts).

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DEBT CLAIM SOLD TO A THIRD PARTY

/Nullity of Proceedings

In this case, a client received a debt claim demanding payment of a very old loan, which was an old loan they had signed with a bank nearly 20 years ago, and despite having stopped paying, they had never been pursued for it.

We aided the client throughout the procedure and gathered the entire history, finding that it was a loan that was part of the traditional packages that banks sell to companies specialized in debt collection. With our research we were able to nullify the debt due to the statute of limitations, and get the best possible outcome for the client.

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