When an employer decides to break his employment contract with one of his employees without presenting valid reasons in the eyes of the law, it is a wrongful dismissal.
There is also talk of dismissal without real and serious cause.
To enforce the law, the employee has several means and can be accompanied by a specialist by calling on a labor lawyer.
To prepare for the dismissal interview
An interview is scheduled before any dismissal. It is during this that the employer announces to the employee all the elements he has against him. Once the invitation letter has been received, the interview generally takes place within 5 days.
The lawyer can help the employee so that he can prepare arguments that will be used to defend himself. For example, the lawyer will gather the elements allowing him to justify a phenomenon ofworkplace harassment.
For assistance before the Labor Court
To make an appeal in the event of proven unfair dismissal, it is necessary to seize the council of prud’hommes. In this regard, the services of a labor lawyer are not an obligation. However, in practice, this legal specialist can be of great help. Indeed, the employee may need it for advice, writing letters, gathering evidence, and preparing his defense.
Companies too have lawyers they go to for layoffs, and it can be tricky to spot and exploit a loophole in the process. With the help of the labor lawyer, the employee can benefit from all the help he needs to get out of this complex situation and assert his rights.
To appeal the judgment
The decision of the industrial tribunal is not always what the employee expects. In this case, the labor lawyer can always intervene to help the employee to appeal and relaunch the procedure.
How to prepare to hire a labor lawyer?
Before seeking the help of a lawyer specializing in unfair dismissal, you must first prepare yourself. Indeed, the specialist needs information in order to prepare the argument which will serve to defend the employee. The more the file is prepared, the more likely you are to win your case if you believe that your rights have been violated.
In general, it is strongly advised to keep any copy of the document used throughout the period of work as well as the elements which will make it possible to demonstrate that the dismissal is indeed abusive.
What is unfair dismissal?
It is a question of unfair dismissal from the moment when the breach of contract between the employer and his employee is not based on objective elements recognized by law. Without precise and unsubstantiated facts, there should be no dismissal. Also, the dismissal can be considered abusive if the procedure is not respected.
Moreover, if the right of management allows an employer to dismiss his employee, the latter has the right to challenge the breach of contract if he considers that it is not justified from a legal point of view.
The objective of any employee in contacting a labor law lawyer must obviously be to obtain compensation. This may take the form of damages and compensation which will be paid to him on the grounds of unfair dismissal.