We have observed a troubling trend among some banks engaging in mass layoffs of employees who have submitted medical certificates, taken medical leave, or filed lawsuits seeking unpaid compensation.

In this particular case, the employee was dismissed by the bank shortly before initiating legal action. Consequently, the employee filed a claim requesting an urgent injunction for reinstatement. The interlocutory decision granted reinstatement, which was subsequently confirmed by a judgment recognizing the occupational illness based on an expert report.

Following this judgment, the bank filed an appeal and, shortly thereafter, arbitrarily dismissed the employee again. In response, a petition was filed seeking the employee’s reinstatement and requesting penalties for noncompliance.

On November 29, 2024, Judge André Luís Moraes de Oliveira granted the injunction, ordering the immediate reinstatement of the employee, along with the continuation of health plan benefits. The decision also imposed a fine for noncompliance.

Increasingly, companies are fostering hostile and toxic work environments for their employees, often resulting in mental health issues that are highly stigmatized. Upon discovering an employee's illness, companies frequently choose to terminate their employment, attempting to avoid accountability for workplace injuries or illnesses.

This decision underscores the importance of understanding occupational illnesses and their legal implications. Employees who suffer from conditions, often not yet formally recognized, are being dismissed arbitrarily and illegally—particularly by financial institutions that seek to avoid their obligations at all costs.

If you or someone you know has experienced a similar situation, consult a labor law specialist at Ferrareze & Freitas Attorneys.                                                                                                                                                                                                                                                                                             

Dra. Victoria Mariana Mylena Steiner de Carvalho
Attorney at FFA Campo Grande.