On many occasions, companies tend to underestimate the importance of properly drafting a termination letter<\/strong>, without knowing that the termination letter<\/strong> will define the subject matter of the debate in a potential judicial proceeding, in accordance with the provisions of the second paragraph of Article 500 of the Labor Code<\/strong>:<\/p>\n\n\n\n \u201cIn the event of dismissal, the employer may only allege as justifying facts for the termination those indicated in the termination letter delivered to the worker, in the manner provided in Article 35 of this same Code, or those taken into account in the formal act of dismissal, when it has been preceded by a written procedure.\u201d<\/p>\n\n\n\n In this regard, the drafting of the termination letter<\/strong> must be clear and concise regarding the faults committed by the worker that motivate the decision to end the employment relationship, under penalty that a drafting error or omission may limit the possibility of defense in the judicial proceeding.<\/p>\n\n\n\n \u201cIt is important to highlight that the wording observed in the termination letter is not adequate, mainly with respect to the fact, or facts, on which the dismissal is based, since it does not include circumstances of time, manner, and place; that is, it does not establish the date on which the alleged event occurred, nor does it state the manner in which it occurred \u2014a clear and specific chronological description of the actions or omissions that constitute the alleged act\u2014 nor the place where it allegedly happened. This is relevant when applying the provisions of Article 35 ibid., namely the legal limitation of what may be the subject of debate in the judicial proceeding at hand.\u201d (Resolution 3528-2025 of the Second Chamber of the Supreme Court of Justice, issued at 4:00 p.m. on October 15, 2025<\/strong>)<\/p>\n\n\n\n It is important to mention that this obligation to substantiate the termination letter<\/strong> is only required when dealing with a dismissal without employer liability<\/strong>, and not when the reason for dismissal is the employer\u2019s own will. In this second scenario, which involves a dismissal with employer liability<\/strong>, the letter does not require further substantiation beyond the employer\u2019s own will, in accordance with Article 85 subsection d) of the Labor Code<\/strong>.<\/p>\n\n\n\n In this regard, the Second Chamber of the Supreme Court of Justice<\/strong> has stated:<\/p>\n\n\n\n \u201cThe Chamber considers that the position of the first-instance judge \u2014in the sense of ignoring the objective reasons for the termination alleged in the answer to the complaint because they were not included in the termination letter\u2014 is mistaken, since the obligation to provide the worker with a termination letter detailing the faults committed \u2014under penalty of not taking them into account at trial\u2014 Article 35 of the Labor Code, applies only in cases of disciplinary dismissals. In this case, the situation is different, namely a termination for failure to pass the probationary period. Therefore, what is attributed to the claimant are not technically faults, but deficiencies in the performance of his duties, which revealed an inability to perform the functions for which he was hired. Accordingly, this Court will examine the evidence in order to determine whether the defendant was able to prove such deficiencies, which would constitute objective reasons capable of eliminating the discriminatory motive attributed to the dismissal.\u201d (Resolution 1509-2021 of the Second Chamber of the Supreme Court of Justice, issued at 10:10 a.m. on July 7, 2021<\/strong>). (In a similar sense, see ruling 3000-2024 at 12:20 p.m. on November 8, 2024<\/strong>)<\/p>\n\n\n\n However, this does not exempt the company from the duty to provide a certificate<\/strong>, or service letter<\/strong>, explaining the reason for dismissal, even in the case of a dismissal with employer liability, if the worker so requests, in accordance with Article 35 of the Labor Code<\/strong>, which provides:<\/p>\n\n\n\n Article 35.-<\/strong> Upon the expiration of any employment contract, the employer, at the request of the worker, must provide a certificate stating:<\/p>\n\n\n\n a) The date of entry and departure.<\/p>\n\n\n\n b) The type of work performed.<\/p>\n\n\n\n If the worker so wishes, the certificate must also state:<\/p>\n\n\n\n c) The manner in which the worker performed.<\/p>\n\n\n\n d) The causes of the withdrawal or termination of the contract.<\/p>\n\n\n\n Thus, although the reason for termination may be omitted in a termination letter with employer liability<\/strong>, the service certificate must detail the cause if requested by the worker.<\/p>\n\n\n\n For this reason, even when a dismissal with employer liability<\/strong> is carried out, it is important to have the objective reasons supporting the worker\u2019s termination documented.<\/p>\n\n\n\n In addition to the foregoing, although when carrying out a dismissal with employer liability the employer pays the statutory items of Christmas bonus<\/strong>, vacation<\/strong>, notice period<\/strong>, and severance<\/strong>, this does not exclude the possibility that the worker may file a judicial proceeding alleging that the dismissal was due to a discriminatory situation, a proceeding that may be accompanied by a provisional reinstatement<\/strong> while the merits of the case are resolved.<\/p>\n\n\n\n On some occasions, a well-founded termination letter<\/strong> may dissuade the worker from filing a discrimination claim by eliminating any conjecture regarding the real reasons behind the generic concept of \u201cemployer\u2019s will.\u201d<\/strong><\/p>\n\n\n\n In summary, although a dismissal with employer liability<\/strong> may be carried out by citing only Article 85 subsection D of the Labor Code<\/strong>, substantiating the letter with objective reasons that justify the dismissal is a recommendation aimed at avoiding the filing of judicial proceedings when the person being terminated is not informed of the reasons for the decision.<\/p>\n\n\n\n Taking into account the importance of the termination letter<\/strong>, it is recommended to seek advice from a specialist in labor law<\/strong> regarding the procedure to follow and the most appropriate way to draft a termination letter<\/strong> before proceeding with its delivery.<\/p>\n\n\n\n At God\u00ednez Legal<\/strong>, we provide corporate labor legal advice in Costa Rica, supporting national and multinational companies in the prevention, management, and resolution of labor matters. Our team of attorneys specialized in labor law<\/strong> offers personalized legal guidance for compliance with Costa Rican labor legislation, handling labor disputes, and strengthening internal policies. For more information or to schedule a consultation with our labor attorneys in Costa Rica<\/strong>.<\/p>\n\n\n\n Author: <\/strong>Jairo Cerdas G\u00f3mez<\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" Importance of properly drafting a termination letter On many occasions, companies tend to underestimate the importance of properly drafting a termination letter, without knowing that the termination letter will define the subject matter of the debate in a potential judicial proceeding, in accordance with the provisions of the second paragraph of Article 500 of the […]<\/p>\n","protected":false},"author":5,"featured_media":1739,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[39],"class_list":["post-1753","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-sin-categoria-en","tag-termination-letter"],"_links":{"self":[{"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/posts\/1753","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/comments?post=1753"}],"version-history":[{"count":1,"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/posts\/1753\/revisions"}],"predecessor-version":[{"id":1754,"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/posts\/1753\/revisions\/1754"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/media\/1739"}],"wp:attachment":[{"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/media?parent=1753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/categories?post=1753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/websclientesgerico.com\/godinez-legal\/wp-json\/wp\/v2\/tags?post=1753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Termination letter and delimitation of the judicial debate<\/h2>\n\n\n\n
Termination letter in cases with and without employer liability<\/h2>\n\n\n\n
Termination letter and service certificate<\/h2>\n\n\n\n
Termination letter and documentation of objective reasons<\/h2>\n\n\n\n
Termination letter as a preventive tool for companies<\/h2>\n\n\n\n