When an employer decides to terminate his employment contract with one of his employees without providing valid reasons in the eyes of the law, he is considered arbitrary dismissal.
There is also talk of dismissal without a real and serious reason.
To apply the law, the employee has several means and can be accompanied by a specialist by calling a labor attorney.
To prepare for the class interview
The interview is scheduled before any class. During this, the employer declares to the employee all the elements that he has against him. Once the invitation letter is received, the interview generally takes place within 5 days.
The attorney can assist the employee so that he can prepare the arguments that will be used to defend himself. For example, a lawyer will collect items that allow him to justify a phenomenonWorkplace harassment.
For help before the Conseil des Prud’hommes
To file an appeal if unfair dismissal is proven, it is necessary to file a case before the Board of Trustees. In this regard, the services of a labor attorney are not mandatory. However, in practice, this legal specialist can be of great help. In fact, the employee may need it to get advice, write letters, gather evidence, and prepare his defense.
Companies also have lawyers they turn to for layoffs, and it can be difficult to identify and exploit a loophole in the process. With the help of a labor attorney, an employee can take advantage of all the help he needs to get out of this complicated situation and assert his rights.
to appeal the judgment
An industrial court decision is not always what an employee expects. In this case, a labor attorney can always step in to assist the employee in the appeal and restart the procedure.
How do you prepare to hire a work attorney?
Before seeking help from an attorney who specializes in unfair dismissal, you must first prepare yourself. In fact, the specialist needs information in order to prepare the argument that will defend the employee. The more processing the file is, the more likely you are to win your case if you believe your rights have been violated.
In general, it is strongly advised to keep any copy of the document used for the duration of the work as well as the items that will make it possible to establish that the dismissal is indeed arbitrary.
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 specific facts and without grounds, there should be no separation. Also, dismissal can be considered abusive if the procedure is not respected.
Moreover, if the right of management allows the employer to dismiss his employee, the latter has the right to appeal the breach of contract if he deems it unjustified from a legal point of view.
The goal of any employee contacting an employment law attorney should be to obtain compensation. This may take the form of compensation and damages to be paid to him on the basis of unfair dismissal.