Fired? Discover your rights!

Questioner

Fired, what can I do?

Lawyer

Have you been fired or are you being fired? The question is also how. I advise you to seek legal assistance in any case. In some cases an employer will reimburse some or all of the legal costs.

Lawyer

To answer your question it is important to know how you were dismissed, through procedure or on the spot. in addition, of course, to the question from colleague Meijers. Of course I advise you never to simply agree to the dismissal

Lawyer

What is the reason for dismissal? What kind of employment did you have? I think you can get a clearer answer to your question if you provide more information. It is important whether the dismissal is your own fault or whether there are other circumstances involved

Lawyer

If you have been dismissed on the spot, for example due to poor performance, theft or something similar, and you do not agree with it, you must invoke the voidability of the dismissal in writing within 6 months, make yourself available to perform your duties and claim continued payment of wages. In practice, however, it is important to do this as soon as possible, also because you will not receive any benefits from the UWV due to culpable unemployment. If you have not been dismissed on the spot but have separated by mutual consent, for example because of the poor situation of the company or because of your performance, then the (financial) and other conditions of the dismissal must be properly recorded in writing and in such a way that your unemployment rights are also safeguarded. It is wise to have this reviewed by a lawyer or attorney specializing in employment law. If you have been dismissed following a (dissolution) procedure at the subdistrict court, then in principle nothing can be done about that dismissal. Finally, if you have been dismissed via a dismissal procedure at the UWV employment agency, then in principle there is little you can do about that dismissal. Depending on the duration of the employment and the circumstances that formed the basis for the dismissal application and therefore the dismissal, a golden handshake may still be requested. However, that must then be done via a separate procedure at the subdistrict court (apparently unreasonable dismissal procedure. This procedure must be started within 6 months after the dismissal. After that it is no longer possible. I can imagine that you are feeling a bit dizzy, but that is inherent to the way you asked your question. I am of course prepared to assist you in the further process.

Lawyer

I understand from your question that the dismissal was unexpected. Dismissal by mutual consent or via the (long) UWV procedure I hereby rule out. It is important to protest against the dismissal, at least verbally, but preferably in writing. Otherwise, just (try to) go back to work. If you are sent away or you have had to hand in access keys or passes, for example, which means you cannot go to work, then also write this in your letter. You must always inform your employer that you do not agree with the dismissal and that you are prepared to resume your work. So do not report sick or anything like that!