The 10 good reflexes to have in case of dismissal

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Table of Contents

1 Do not go to the dismissal interview alone

When the registered letter arrives, the employee generally has five days, before the appointment, to make an important decision. “He can be accompanied to the dismissal interview by a staff representative, or even any employee of the company,” explains Albert Hamoui, lawyer in social law. If there is no delegate, he can also contact an employee advisor from outside the company and a volunteer. This witness will write a report of the interview that can be used later. ”

“To challenge the dismissal, […] better to attack as quickly as possible to be credible. “

2 Take a lawyer without (too much) paying

Unsurprisingly, our lawyer recommends contacting a lawyer as soon as possible. “I recommend it all the more strongly as it is often almost free. Many individuals have, without knowing it, legal assistance with their bank card or home insurance. ”

3 Gather evidence as quickly as possible

A lawyer is supposed to tell you if, failing to save your place, you can sue your employer in industrial tribunal. But we still have to have proof. “The Labor Court will rule on the basis of concrete evidence in its possession, insists lawyer blogger Thomas Roussineau. As soon as the dismissal seems imminent, collect as many clues as possible, including email exchanges that you will not be able to recover later. ”

4 Negotiate a transactional indemnity

“In addition to the legal indemnities, fixed by law or by collective agreement, the employee can negotiate an additional transaction if he considers the dismissal unfair or if he wishes to repair any prejudice, continues the lawyer. And the employer can agree to pay another transactional indemnity, that is to say a few months of salary more often, rather than taking the risk of losing more in the industrial tribunal. ”

5 Have certificates drawn up without delay

If an employee signs a transaction, he agrees not to take his dismissal to court. But if the employer refuses and the employee wishes to sue him at the industrial tribunal, it is in his interest to collect certificates as soon as possible. “” It is ask colleagues or ex-colleagues to testify about your working conditions, explains Alina Paragyios, lawyer specializing in labor law. The more time passes, the less motivated people are. If someone gives you their consent, insist – nicely – on having the paper within the week… ”

6 Quickly refer the matter to the Labor Court

To contest the dismissal, it will also be necessary to seize the Labor Court as soon as possible. “There is a three-year limitation, but better to attack as soon as possible to be credible, she continues. It is often long, but if the reason for the dismissal is invalidated, the law provides, in companies with more than eleven employees, the payment of a minimum compensation equal to six months of gross salary to the employee when he has more than two years of seniority. ”

7 Take care of yourself!

It remains to manage the transition. “If the dismissed person goes to industrial tribunal, it is imperative that they refocus on themselves and take stock of their desires, recommends Marianne Perrette, coach at Coaching2vie. While the procedure takes its course, we must manage to detach ourselves from it.. If you think this is the business of your life, neither your ex-employer nor your lawyer. You have to find the same detachment to bounce back. Stop being a victim to become an actor of your own destiny again. ”

8 Remain open to an amicable outcome

Alina Paragyios confirms. Especially since the employee is not immune to some surprises. “Sometimes the plaintiffs cling to the idea of ​​legal redress while the ex-employer sometimes accepts late, finally, to negotiate. I have already seen transactional protocols signed the day before a hearing to the industrial tribunal. Complainants are sometimes frustrated when these victories seem much stronger to me as the other side admits its wrongs on its own. ”

9 Use your DIF

Your former employer can help you, despite himself, turn the page. “The future licensee has an interest in seeing if he has unused DIF hours, advises Hélène Picot, author of the guide. Find your lane and bounce back! . They can be up to 120 hours maximum, which generally represents an envelope between 800 and 1,500 Pounds which can finance an outplacement to facilitate its transition. You just have to remember to ask for it during the notice. ”

10 Also tell yourself that it’s … a chance

This coach invites her clients to dream of a new life. “We are lucky, in London, to be well protected,” she observes. Therefore, you should not let yourself be overwhelmed by stress and ask yourself the right questions, that is to say not when I am going to work again but what do I really want to do. Even if a dismissal is painful, we must also realize that, in some cases, it may be luck. ”

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