Labor Court Reinstates Worker Fired for Altered Medical Note, Citing Daughter's Role
The Labor Court of Minas Gerais (TRT-MG) has overturned the dismissal of a worker who was fired for allegedly altering a medical certificate. The worker, employed at a packaging factory in Três Pontas, was accused of changing a three-day medical leave to seven days. However, the worker claimed his 10-year-old daughter made the alteration without his knowledge, wanting him to stay home longer.
The Second Chamber of the TRT-MG found no evidence of fraudulent intent or harm to the company. The reporting judge, Maristela Íris da Silva Malheiros, emphasized that just cause dismissals require robust proof and adherence to proportionality. Evidence showed the employee had sent an unaltered copy of the certificate via WhatsApp the same day as his consultation, informing the company of the original three-day leave.
Furthermore, the company did not present the original certificate, only an image of the altered portion. The employee's prompt return to work after the initial three days and his nearly nine-year disciplinary-free record also supported his case. The court noted the company's delay of three weeks in applying the dismissal weakened its justification. Consequently, the dismissal was converted to a without-cause termination, entitling the worker to severance pay, including notice, salary balance, proportional 13th salary, proportional vacation, FGTS deposits and fine, and unemployment insurance benefits.
This case highlights the critical importance of due process and the burden of proof in employment law, particularly concerning severe penalties like dismissal for just cause. The court's decision underscores that employers must demonstrate not only an infraction but also intent and proportionality, especially when the alleged alteration was minor and the employee's actions (like immediate return to work and prior good conduct) suggested no intent to defraud. The delay in the company's disciplinary action also played a significant role, suggesting a potential lack of immediacy in their response. Moving forward, employers may consider implementing clearer protocols for verifying medical documentation and ensuring prompt, consistent disciplinary procedures to mitigate such disputes and uphold fairness in the workplace.
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