Legal Advice on Dismissal: Discover Your Rights

Questioner

“Enclosed is the report I received following my conversation with my current employer:” Following our conversation this morning, also as a follow-up to your assessment, here is a brief note. - Based on our discussions over the past month, we at SPM have come to the conclusion that our paths will eventually part. - This is based on the fact that we are looking for a different profile and content to fill the position of management assistant/HRM. - Based on this, we have taken this decision in the interest of SPM. - We have come to the conclusion that we will complete this process with respect for each other and give each other the necessary support and space. - We have agreed that we will meet together next Monday, January 26, to discuss the next steps and determine a substantive path. - We have agreed that you can continue to do your work in terms of content (there is therefore no question of suspension or dismissal). You have also confirmed that this is your explicit wish. - We have agreed to keep direct communication about this between you and me. - We have agreed that the substantive information about this conversation and its sequel will remain between you, Jos and me. You have the initial control over this, if you want to communicate matters more broadly, please let us know. In the interest of your privacy, I have sent this to your private email address (I don't know who has access to your mailbox). Could you please answer me that the above is a shortened version of what we discussed? We understand that this situation is not pleasant, especially for you, but we will do everything we can together to bring it to a good end. We trust that we have informed you sufficiently, also on behalf of Jos, “To which I replied:” Hereby the confirmation of receipt. I let this sink in because this obviously comes quite raw on my roof and I will certainly come up with a number of questions or comments about the report below. Of course I will continue to give 100%. Sent from my iPad “Then a follow-up conversation, during which I also asked a number of questions/comments and after which I received the following report:” Dear, Yesterday we sat together again to talk about the content of your function. We had given you some time to let things sink in after our first conversation a week ago. Yesterday we discussed some of the questions you have raised, as we have indicated we would like to help you further with substantive matters at a later stage, and we have agreed to also present you in writing what we think the path for the coming months will look like. We would like to propose the following to you: - You will continue to actively perform your duties until May 1, 2015. - We will look for another solution in the meantime. - We will release you from work from May 1, 2015 to July 1, 2015 and will of course continue to pay your salary during these months. Legally, there is only one month's notice period, but we choose to give you at least two months, with continued pay, to look for another working environment. - In consultation with us, you will be given every opportunity to look for a different working environment (e.g. for a job interview during working hours). - If you have previously found a new working environment, we will not hold you to the notice period and you can, if you wish, transfer directly to your new employer. We will then pay out the remaining months up to July 1, 2015 in the form of a termination payment. - We will provide you with a certificate. - We will record the agreements in a settlement agreement, so that any unemployment benefit rights you may have are sufficiently guaranteed if you wish to apply for unemployment benefits. We advise you to discuss our proposal with a legal advisor, who can assist you and advise you. If you have any questions, we are of course prepared to provide you with an explanation. We have also agreed that we will keep it quiet within the organization for the time being. When the time comes, we will discuss whether and how we will inform the organization. Obviously, this is a proposal whose components cannot be considered in isolation. Let us agree that we will meet again on February 6, 2015, so that you can also give your response to the proposal. We trust that we have informed you sufficiently. Yours sincerely, “I then obtained information from my neighbor who works at the UWV and she made the following comments:” Just looked at 1st things, and raises a few questions in me: function of management assistant/HRM looking for a different profile and content. Why? Has there been a different job description? Did you have one when you started? Has it changed officially? Is this on paper? And also: The law on security changes this year; as of July 1, the employer will be responsible for severance pay and training! Read the links: http://www.rijksoverheid.nl/onderwerpen/ontslag/kabinetsplannen-ontslagrecht-en-ontslagvergoeding And http://ontslag- Krijgen.nl/ontslag/ontslagrecht-2015 I would use that, certainly the training, so you have to postpone the term to August. Of course it cannot be that SPM just changes the content of your function, and does not give you the opportunity to adapt to that function. I would use the training that they have to offer; and follow a course in HR, salary administration (navision and Exact) and debtor/creditor skills. I see a great demand for that at the moment on the labor market, and it will continue to be that way. HR work in particular is picking up again. I would also go to legal aid, or ask a lawyer if they can just fire you. Of course you don't want to stay somewhere they don't want you, and you ultimately want to part ways on good terms, but I would tighten the screws and ask for more time on this proposal until you have obtained all the advice. Say that you have not yet finalized everything with your lawyer on February 6 and will know more on February 13. After so many years of work, this cannot just be determined within 1 or 2 weeks. “Here is the question for you: what is wisdom?”

Lawyer

The question is why they want to say goodbye to you. For example, have they built up a file on your performance? Have there been performance reviews or have you ever received warnings? If they think that you are not performing well, they will have to offer you an improvement program with training. It is always possible to say goodbye with a settlement agreement. Perhaps it is still possible to negotiate a higher compensation. If the employer has a weak file, you can generally agree on a higher compensation. Of course, it is up to you whether you want this or not. You can also indicate that you want to fight for your position and sit down at the table to discuss what they think is not going well and what is needed to improve this, the employer has an active role in this. If you are still considering accepting a possible proposal, I can always test it for you, you can contact me for this without obligation.

Questioner

No, there is no file, they had indicated to me that they expected a more proactive attitude from me, but I indicated to them that this is an interaction and that I expect that matters are shared or clearly communicated in order to respond to them. I had indicated this specifically in the 2nd conversation, but rather with the idea of ​​seeing if we could come to an agreement. They indicated that they had actually already made a decision....... I had also asked what kind of profile they expected and they did not want to say anything about that because they thought that would not be fair. In other words, they apparently do not want to invest in me. I have been working here for 4 years and there has been a new management for a year and somehow we do not click with each other, and I think that is a great shame. I do not want a fight, that is the last thing.....

Lawyer

What an unpleasant situation for you. It is therefore up to you to decide whether you accept that they no longer want to invest in you or whether you still want to try to go for it. As long as you do not sign a proposal, you will remain employed and they will have to continue with you. The relationship may be disturbed, but of course they cannot just get rid of you. If you would rather not enter into this fight, you can also choose to part ways with an arrangement in which negotiations can possibly be made about a higher compensation and, if desired, other matters. If you still need my help, please let me know. Good luck.