Assistance and advice of a lawyer: dismissal
When an employer wrongfully fires an employee, they risk facing legal action. If the employee proves himself right, then the employer will have to comply with the court decision. In this article, we will tell you how an employee is reinstated and where legal advice on dismissal is provided.
Illegal dismissal: a lawyer and his duties
First, the lawyer meets with a client who, in his opinion, was wrongfully dismissed. The specialist analyzes the reasons and circumstances that caused the company to remove the person from the position. Also, if it is an illegal dismissal, the lawyer examines all the available documents and concludes whether it is possible to return the job. The lawyer prepares his conclusions on the basis of current judicial practice and the legal framework. If there are grounds for going to court, an agreement on the provision of legal assistance is concluded.
Before planning a meeting, the client needs to prepare all possible documents proving his employment at the company and dismissal. Therefore, when planning a legal consultation on dismissal, lawyers are usually asked to bring the following:
● Passport and TIN.
● Dismissal order and employment book, if any.
● Any documents confirming the payment of wages. A statement from the bank card to which payments were received, a certificate from the company about the calculation of salary, a certificate about income, etc. will be suitable.
If reinstatement is really needed, the lawyer at a later stage prepares a statement of claim. In this document, the lawyer describes the circumstances of the case in detail, based on legislation and practice. Also, the application must include a request to the court to declare the dismissal illegal, as well as to ask it to oblige the employer to reinstate the person in the position and collect from him the payment in favor of the plaintiff for the days of forced absenteeism. If the employer does not provide documents on wages, a dismissal order, an employment book, etc., the lawyer has the right to send a petition to the court to demand these or other documents.
Legal advice: dismissal and reinstatement by court decision
In order to legally implement reinstatement, the lawyer, based on the results of the work performed, applies to the court with a ready application. In advance, he checks with the client whether there is an exemption from paying court fees. Further, the specialist is present at court sessions, but only 5 times are included in the indicated price, each subsequent one is paid additionally.
After the court has received a positive decision, the lawyer applies to the enforcement service, but only if the defendant does not intend to voluntarily fulfill his obligations. The lawyer writes a statement on the opening of enforcement proceedings and monitors the process until the employee is fully restored and all payments are made. According to the current legislation, in the absence of its employee, the employer company is obliged to pay the average salary for the specified period, if illegal dismissal has been proven.
Not always, when legal advice is given, dismissal may be the subject of a dispute. The employer can also be prosecuted for illegal transfer to another position. Usually, such appointments are made in favor of the employee. Then he can file a lawsuit in court and, in case of a positive result, receive compensation equal to the difference in wages.
Professional legal advice: dismissal
With the help of our online service, you can find a competent wrongful dismissal lawyer. An experienced lawyer will provide detailed advice and help you solve the problem. To contact the relevant specialist, download the program on the website. Contacts of leading lawyers of Ukraine will be available to you. Through the application, it is possible to get the first interesting information about the situation and then schedule an appointment with a specialist, if necessary.
If you have any difficulties, contact our consultants using the available contacts.