Executive summary
VGA’s Labor & Employment team obtained a comprehensive favorable judgment in a labor lawsuit where the claimant sought reinstatement, back wages and various benefits. The Labor Court granted the employer a full acquittal, confirming that the termination was justified due to serious employee misconduct (lack of probity and insubordination). As a result, the court denied reinstatement, back wages and severance for unjustified dismissal, and dismissed claims for overtime, statutory rest days and alleged regularizations before IMSS/INFONAVIT. The outcome prevented a financial contingency of just over one million pesos for the employer
Case background
The claimant alleged unjustified dismissal and requested reinstatement. VGA demonstrated the existence of duly documented causes for termination, including repeated on-the-job incidents (e.g., falling asleep while on duty) that contravened core employment obligations.
The Court conducted an integral assessment of the employer’s evidence: a detailed termination notice, photographic evidence of the incidents, consistent witness testimony from involved personnel, and payroll records. It concluded that the termination complied with law and that the monetary claims lacked support.
Impact for employers: what worked—and how to replicate it
- Flawless termination notice. Facts, dates, supporting records, and references to the Internal Work Rules and Disciplinary Matrix; proof of delivery and proper filing.
- Contemporaneous, traceable evidence. Immediate supervisory reports, photos/video (where appropriate), security logs and incident logs; maintain chain of custody.
- Witnesses. Early identification and consistency in statements.
- Working-time and rest controls. Reliable time-and-attendance systems; clear policies for authorizing overtime; preserved shift/roster records.
- Payroll and files in order. Retention of CFDI electronic payroll receipts; these are often decisive to refute allegedly unpaid items.
- Living policies and training. Uniform, consistent discipline; periodic training for managers on documentation and issue escalation (open a “probative file” from day one).
- Anticipatory litigation strategy. Objections to adverse evidence, securing attendance of key witnesses, and strict compliance with formalities to avoid nullities.
Conclusion and next steps
This outcome confirms that when employers document rigorously and apply internal policies consistently, courts recognize justified termination and materially reduce exposure. If you want to replicate this evidentiary standard in your organization—via a rapid audit of your Disciplinary Matrix, incident-documentation protocols and a defense playbook tailored to inspections and litigation—VGA’s labor team is ready to help. Contact us for a diagnostic and a customized action plan.
(IMSS = Mexican Social Security Institute; INFONAVIT = National Workers’ Housing Fund; CFDI = electronic tax invoice/receipt.)