Dismissal, what now?

You have been dismissed or are facing dismissal. You can contest the dismissal or agree to it. What is the best course of action?

Hire an employment lawyer who will stand firmly behind you and achieve the best result for you. In other words, an employment lawyer from Joosten Advocaten! Contact us for advice on dismissal.

Our employment lawyers have extensive experience in:


1. Summary dismissal

Sacked on the spot? Quick action is required. The court can still overturn the dismissal within two months.

The consequences of summary dismissal for an employee are significant: not only will your salary stop immediately, but you will also likely be ineligible for unemployment benefits.

Your employer cannot simply dismiss you on the spot; there are strict requirements that must be met.

  • There must be an urgent reason that justifies immediate dismissal.
  • The dismissal must also be given "immediately." If your employer has waited too long, the summary dismissal will not be valid.

Therefore, never simply accept summary dismissal: engage an employment lawyer to defend you.

2. Dismissal permit requested from the UWV

Your employer can apply for a dismissal permit when there are "business reasons," such as a reorganization.

In addition, your employer will have to explain why your job is being eliminated. The employer will also have to demonstrate that there is no other position available for you.

Experience shows that employers often fail to prepare their applications for dismissal permits properly. This increases your chances of success if you engage a lawyer.

3. Dissolution proceedings before the subdistrict court

The employer can also go to the subdistrict court to have the employment contract dissolved by the court. For example, in the event of poor performance or when the working relationship has broken down.

If your employer requests the subdistrict court to terminate your employment contract, you can defend yourself against this.

A well-motivated defense has the best chance of success, both for opposing dismissal and for obtaining maximum compensation.

Have you been dismissed due to poor performance? Strict requirements apply. In the video below, employment lawyerPierre van Geffen explains what you need to take into account.

 

4. Employment contract terminated by mutual agreement

Your employer may also attempt to terminate the employment contract by mutual consent. To do so, they will require your signature.

Sometimes it is more attractive for you to sign than to wait for proceedings to take place. That depends on the conditions offered by the employer. These are usually negotiated.

In general, it is not wise to sign immediately, because you will not achieve the best possible result. We aim for the best possible result in negotiations.

Share on social media:

Tell your story.

All fields are required.

Vraag gratis advies over uw situatie Vraag gratis advies