Labor lawyer Miguel Benito has warned that Spanish companies frequently invent or exaggerate grounds in dismissal letters because the country does not permit at-will firing.
Writing from Madrid, journalist Alejandro Navarro Serrano reported on August 26, 2026, that affected workers routinely consult legal counsel in outrage after receiving termination notices containing untrue allegations.
Benito, a legal specialist widely known for his educational outreach on social media through the account @empleado_informado, explained that Spanish employers use these tactics to fulfill formal statutory requirements when dismissing staff.
Legal requirements for employee termination
Under Spanish employment legislation, companies cannot fire workers without a specific legal justification established beforehand in national regulations. The law mandates that employers must hand over a formal dismissal letter stating the explicit reason for the end of the contract.
According to Benito, when an employer's underlying reason for terminating a worker does not fall within legally recognized categories, the company often selects a recognized legal cause despite it being untrue.
Benito noted that if an employer simply dislikes a worker, that personal preference does not constitute a valid legal ground for termination under Spanish employment law. Consequently, companies state alternative justifications in the termination letter to protect themselves from severe legal complications.
Employee rights and tribunal outcomes
In Spain, employment contracts and worker protections are governed by national labor regulations, which classify dismissals into specific objective or disciplinary categories. When an employer fails to prove the grounds listed in a dismissal letter, Spanish labor courts deem the termination unlawful.
Benito emphasized that the legal framework strongly favors the worker when the reasons cited in a termination letter are fictitious or lack supporting evidence. He stated that employees who challenge unsupported dismissals will evidently win their cases in court.
When a dismissal is ruled invalid, the legal system obliges the employer either to reinstate the employee in their former position or to pay statutory severance compensation.
Probationary periods and workplace disputes
The challenges surrounding contract terminations also extend to early employment stages. Related reporting highlighted the case of Nohelia, a hotel receptionist who was dismissed 45 days after starting her job after being told she had failed her probationary period.
Legal experts continue to advise employees in Spain to inspect all written termination notices carefully and seek advice when written reasons conflict with workplace reality.
