How to contest a dismissal: procedures and advice

The dismissal is a difficult test for any employee. After years of loyal service, being suddenly unemployed can be destabilizing. But, you are not helpless in the face of this situation. Being a specialist in labor law, I will guide you through the steps for dismiss that you consider unjustified. Armed up with patience and determination, because the procedure can be long, but it is often worth it.

The reasons valid to contest your dismissal

Before you embark on a procedure, it is essential to understand what bases you can challenge your dismissal. I remember a client who thought he could simply contest because he did not agree. Unfortunately, it is not enough. Here are the main admissible reasons:

• Lack of real and serious cause
• Procedural irregularity
• Violation of the law or a fundamental freedom

The lack of real and serious cause is the most common motive. This means that your employer has no valid reason to dismiss you. For example, if you are dismissed for serious misconduct when you have made only a minor error, you can dispute.

The irregularity of the procedure concerns cases where your employer has not complied with the legal stages of the dismissal. This may include the lack of prior maintenance or non-compliance with notification deadlines.

Finally, the violation of the law or a fundamental freedom covers discriminatory dismissals or those which flout your fundamental rights. I had a case where a client was dismissed following the announcement of her pregnancy. It was clearly illegal.

The time to act

You have 12 months from the notification of dismissal To contest it before the industrial tribunal. This period is fundamental, do not let it pass! I saw too many solid files fail simply because the employee had waited for too long.

The request for details

Within 15 days of the notification of your dismissal, you have the right to request details on the reasons invoked. This is a step that I highly recommend. It will allow you to better understand the position of your employer and prepare your defense.

The protest procedure: stages and strategies

Once you have decided to challenge your dismissal, here are the steps to follow:

1. Gather your evidence
2. Enter the Prud’hommes Council
3. Take part in the conciliation phase
4. Prepare for the judgment phase

The evidence of evidence is crucial. Gather all the relevant documents: employment contract, pay slip, assessments, email exchanges, etc. Do not hesitate to ask your colleagues attested, but beware of confidentiality!

The referral to the industrial tribunal is made by a request detailing your situation and your requests. This is when the choice of a lawyer can make the difference. Although not compulsory, its expertise can considerably increase your chances of success.

The conciliation phase

Conciliation is a compulsory step. It is an opportunity to find an amicable agreement with your employer. Do not neglect it! I saw cases where well -conducted conciliation resulted in more satisfactory results than a long trial.

The judgment phase

If conciliation fails, your case will go into trial. This is where all your preparation efforts will bear fruit. Be ready to present your arguments in a clear and convincing manner.

Possible exits and their consequences

The result of your dispute can take different forms:

Reintegration : In some cases, the judge may propose your reintegration into the company. It’s rare, but it happens, especially for zero layoffs.

Compensation : More frequently, you will get compensation. The amount will depend on the nature of the dismissal and your seniority. For a dismissal without real and serious cause, the judge will apply a legal scale. For a zero dismissal, the minimum allowance is 6 months’ salary.

Rejection of demand : You have to be honest, all disputes do not succeed. If the judge considers that the dismissal was justified, your request will be rejected.

Particular case of economic dismissal

Economic dismissal obeys specific rules. You can contest the economic reason, the order of layoffs or the job safeguard plan. Please note that the dispute of a job safeguard plan is made before the administrative court within 2 months.

The importance of support

I cannot insist too much on the importance of being well accompanied in this approach. A lawyer specializing in labor law can make all the difference. He knows the subtleties of the law and will be able to present your file in the best light. Remember that you can also be represented by a colleague, your spouse or a union defender before the industrial tribunal.

Alternatives to legal proceedings

Before you embark on a long legal proceedings, know that there are alternatives. Negotiating a transaction with your employer can be a faster and less stressful solution. I have often advised this option to my customers, especially when the two parties are open to dialogue.

A well -negotiated transaction can allow you to obtain satisfactory compensation while avoiding the vagaries of a trial. However, be vigilant: once signed, a transaction is final and will prevent you from subsequently challenging your dismissal.

In the end, contesting a dismissal is a fundamental right of the employee. It is sometimes an obstacle course, but which can lead to the recognition of your rights and a fair compensation. Do not hesitate to have the pros and cons before you get started. Your professional and personal situation deserves that you take the time to reflect to make the right choices.