Fraud, Investigations, and Employee Dismissals in Latin America

Submitted by:
ELA Staff

This publication is based on a 2015 webinar presented by a representative group of the Latin America members of the Employment Law Alliance focusing on “Fraud, Investigations, and Employee Dismissals in Latin America: Best Practices for Employers.” It provides a country-by-country overview of the key issues employers should know about investigating employee fraud and the processes they need to follow when terminating employment based on the findings of an investigation. The three key issues addressed during the webinar – and again by the participating jurisdictions in this publication – are:

  • What happens when an employer uncovers employee fraud?
  • What process and rules should employers follow when conducting an investigation; what are the risks when they don’t?
  • Is it necessary to have a “cause” in order to dismiss an employee? What are the consequences if a Labour Court finds a dismissal to be illegal or abusive?

Participating firms include:

  • Argentina -- Marval, O’Farrell & Mairal
  • Brazil -- Demarest Advogados
  • Chile -- Carey
  • Colombia -- Posse Herrera Ruiz
  • Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua -- BLP
  • Mexico -- Santamarina y Steta
  • Peru -- Rodrigo, Elías & Medrano Abogados
  • Uruguay -- Hughes & Hughes
  • Venezuela -- Hoet Pelaez Castillo & Duque

Click here to read the full publication.