Employment law: I’ve just been fired. What should I do if I consider this dismissal to be unfair?

You have been dismissed and consider it unjustified and abusive? Lawrence explains how to enforce your rights!

Be aware that the law protects you in the event of unfair dismissal. However, you must carefully complete the procedure and not exceed the time limits imposed to benefit from it. 

A dismissal is said to be “unfair” if it corresponds to the reasons described in Article 336 of the Code of Obligations. https://www.admin.ch/opc/fr/classified-compilation/19110009/index.html  

 

Victim of wrongful dismissal? Here’s what to do:

Step 1: Clarify the reasons for the dismissal

It is your right to ask your employer to put the reasons for the dismissal in writing. If they are different from those given orally, you can write them down, as this is evidence of bad faith on the employer’s part. 

 

Step 2: Get a lawyer

In order to ask questions or to assist you in legal proceedings against your former employer.

 

Step 3: Oppose the dismissal

This must be done in writing by registered letter. It must be done within the notice period following the dismissal. If it has expired, it will be impossible for you to assert your rights.

 

Step 4: Legal action

You can start legal proceedings against your former employer within 180 days of the end of the contract. Again, once this deadline has passed, it will no longer be possible to do so.

The compensation to be paid by the employer will then be determined by the judge. It can be up to a maximum of 6 months gross salary. The employer may also have to pay damages to the claimant.

 

In conclusion, we advise you to obtain as many written documents as possible. These are the most valid evidence in a lawsuit related to unfair dismissal. 

Have you been a victim of unfair dismissal? Do you want to be compensated, but don’t know how to do so? Don’t panic! Lawrence will help you assert your rights.

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