Your rights as an employee
When terminated, as an employee, there are two options: Accept the dismissal, or have it reviewed in court. This occurs as part of a dismissal protection suit. But careful: You only have a 3 week deadline, which starts with receipt of termination.
Consider compensation for default of acceptance
Upon termination, an employer must consider not only the Employment Protection Act but also other requirements, for example those stipulated by industrial constitution law. If the court rules that the dismissal is valid, the employment ends at the date of termination (possibly retroactively). If the dismissal was invalid, then the employment was never terminated and continued without interruption. This means: You can request the payment of the interim salary – the so-called compensation for default of acceptance.
How you can use a continuation of employment petition as leverage
Furthermore you can submit a continuation of employment petition. However, a continuation of employment claim only exists under strict conditions (for example after victory in trial court) Good to know: During a dismissal protection suit you can use a continuation of employment petition as effective leverage. Hence, continuation of employment does not necessarily have to be your goal. It is best to discuss your strategy with your specialized labor law lawyer.
How to obtain severance pay with a dissolution petition
If the dismissal protection suit is successful, you can return to your employment. However you don’t have to. In some cases a return cannot reasonably be expected, since the relationship of trust has been destroyed. In these cases a dissolution petition can be submitted. If approved, the employment ends and a severance pay will be awarded. But beware: You do not have any other claim for compensation. Therefore it largely depends on the negotiation skill of your counsel whether or not and to what extent you are awarded severance pay.
After receipt of termination you only have 3 weeks to file for dismissal protection. If this time has elapsed, all your claims are irrevocable and you have no chance to oppose your employer. Therefore get in touch with us immediately. For terminations we guarantee a consultation with our firm within 48 hours.
What are the chances of success in a dismissal protection suit? What to do in case of a termination based on personal capabilities?
You have any other concerns? We will gladly help you with all other matters related to labor law.