The unfair dismissal claim

You have a ordinary or extraordinary Have you received notice of termination from your employer? That’s right, you can defend yourself and Dismissal protection suit But we must act quickly!

In the following article you will learn, among other things, what you need to consider and how a dismissal protection process works.

When can a claim for unfair dismissal be filed?

In general, as a terminated employee, you can always file a claim for unfair dismissal. Regardless of whether it is a behavioral, operational or personal If this is a termination, you have the opportunity to defend yourself against it. Even if a without notice If you are dismissed, you are free to take legal action. There are no specific requirements associated with dismissal for filing a wrongful termination suit.

Do you know of any cases in which the employer and employee agree that a dismissal is justified? In fact, these cases are very rare.

You also do not want to accept the termination and are of the opinion that this not justified To make a final assessment, you must file a wrongful termination suit and have the case assessed by an employment tribunal.

Important: Be aware in advance, which goal You can pursue a claim for unfair dismissal. Do you want to terminate the employment relationship continue Or is your unfair dismissal claim aimed at obtaining severance pay?

More on the topic severance pay read in this article.

And yes, of course there is always the possibility to contact your employer out of court to agree. The extent to which this option is effective depends on the individual case.

What are the deadlines for filing a wrongful termination claim?

If you decide to file a claim for unfair dismissal, it must be filed within 3 weeks after receipt be submitted to the labor court.

This deadline is mandatoryOtherwise, the termination will be deemed to be effective, and your employment relationship will end on the termination date. Any severance payment will also be forfeited, and the termination will be effective.

If you do not want to accept the termination without review, you must promptly file a claim for unfair dismissal with the relevant labor court.

My recommendationIf there is the slightest doubt about the dismissal: Use your options and preserve your chances of regaining your job or receiving severance pay as compensation for the loss of your job and have the dismissal reviewed by filing a wrongful termination suit.

Dismissal protection process – The process

Step 1: Advice

Let a Specialist lawyer for labor law They will discuss your options and chances with you. If you decide to file a lawsuit, your lawyer will handle the filing process.

The lawsuit will be served on your employer by the court.

Step 2: Conciliation negotiations

Before the actual chamber hearing, the Labour Court will Conciliation hearing During a conciliation hearing, you can, for example, agree with your employer on the Conclusion of a settlement agree.

This means that both parties settle their disputes and agree on a joint actionDuring the conciliation negotiations, you could, for example, agree with your employer to terminate your employment relationship in return for payment of severance pay.

Step 3: Chamber hearing

If the conciliation hearing was not successful or no agreement could not be achieved, the so-called chamber hearing is scheduled.

During the chamber hearing, both the judge and the lay judges strive to reach an amicable settlement. If necessary, witnesses and experts are examined. Relevant documents are also considered in the decision-making process.

If no agreement, i.e. no settlement, is reached between the disputing parties, the chamber hearing ends with a decision or judgment.

What can you expect after a dismissal protection process?

If you have completed the dismissal protection process won have, the termination is ineffectiveIn this case, your employer must continue to employ you and may retroactively reimburse you for any wages that may not have been paid in the previous period.

As I would like to inform you in case of Termination can help, read here.

If you have found another job in the meantime and have started this activity, you can request to resume your employment with your old employer within one week of the judgment becoming final. refuse. In this case, claims for damages are not to fear.

But: It is not without reason that disputes between employers and employees end up in court. Ultimately, this means that both parties were unable to reach a out-of-court settlement This circumstance definitely does not have a positive impact on the continuation of the employment relationship. 

If the relationship of trust between both parties is so disturbed that further cooperation appears unreasonable, there is the possibility of obtaining a Application for dissolution This application makes it possible to terminate the employment relationship despite an ineffective termination against payment of severance pay, provided certain conditions are met. 

However, such an application must be made either by the employee or by the employer, since the labor court cannot decide on its own that the employment relationship must end and that severance pay must be paid.

How much does a wrongful termination lawsuit cost?

Ideally, you have a valid Legal protection insurancewhich covers all or part of the costs incurred in a dismissal protection process.

If you do not have legal expenses insurance, you will have to pay court and legal fees, the amount of which depends on the value of the dispute. The basic value of the dispute usually includes three gross monthly salaries.

Since every employee should have the opportunity to take legal action, it is possible, if necessary, Legal aid to apply.

Can the employer withdraw the termination during the unfair dismissal claim?

The answer: Yes, that is possible.

If your employer withdraws the notice of termination while a wrongful termination lawsuit is pending, the employment relationship will be deemed not to have ended if you agree to the withdrawal. The wrongful termination lawsuit will not be pursued further.

You are obliged to carry out your activity immediately to resume, as otherwise you risk employment law consequences. If that was your intended goal, all good.

However, my recommendation is: Talk to your employer and try to find out whether they truly intend to withdraw your notice. Often, the employment relationship is so severely damaged that continued employment isn't practical, and an agreement with severance pay can still be reached. 

How a specialist employment lawyer can support you

You don't need to be represented by a lawyer when filing a wrongful termination lawsuit. However, I advise you to at least discuss your case with a specialist employment lawyer.

If you research, you will find a lot of information on the subject, but I would like to point out that every case individually and the loss of a job is a drastic step. Counseling is therefore highly recommended. Feel free to contact me!

Conclusion

• Any employee can file a wrongful termination suit, regardless of the reason for termination.
• The aim of the lawsuit: continuation of the employment relationship or obtaining severance pay.
• The claim must be filed with the labor court within 3 weeks.
• Failure to comply with the deadline will result in termination becoming effective and the loss of any severance pay.
• A dismissal protection process includes a conciliation hearing and a chamber hearing, which ends with a judgment or a settlement.
• The court and legal fees for an unfair dismissal claim depend on the value in dispute.
• There is the possibility of legal aid.
• The employer can withdraw the notice of termination; if the employee agrees, the employment relationship is then deemed not to have been terminated and the employee must resume work immediately.
• Due to the strained relationship, an agreement with a severance payment often makes more sense.
• Advice and representation by a specialist employment law attorney is recommended.
• Legal services include the individual evaluation of the case and advice on prospects of success as well as representation in unfair dismissal proceedings.

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