Labor relations are a complicated matter. Sometimes there are conflicts between employees and employers. Working hours, payment of wages, dismissal, there are many reasons to argue with your employer. Some disputes can be resolved by simple conversation without involving the courts, but unfortunately this is not always possible. In other cases, it is necessary to go to court to settle a dispute. For these situations, a labor lawyer will tell you what your rights are and how to enforce them.
4 things you need to know before suing your boss
The right of work
Deadlines for claiming amounts due
It is important to know the deadlines set by law for a complaint. After the termination of the contract, the employee has 6 months to 2 years, depending on the case, to bring an action before the industrial tribunal. Furthermore, you can only claim benefits up to 20 months of wages, from the date you filed the complaint. Thus, if you work in the company, but you have waited two years to take legal action, there will be a statute of limitations and you will no longer be able to receive compensation. Understanding these deadlines is essential to avoid losses.
Evidence is fundamental in the process because it is what convinces the judge of the claims made by the worker. Documents, bank statements, copies of emails, timesheets, cookies and even recordings of conversations in phone applications (such as Whatsapp), can be presented.
How the process works
The litigation process involves several stages. After the employee has taken legal action, the company is called upon to defend itself. Hearings are then held to try to reach an agreement and the necessary evidence is produced for the judge to impose the sentence.
However, appeals can also be brought before the Court of Appeal and, later, before the Court of Cassation. With these steps, the duration of the process can vary considerably. So there is no fixed deadline.
Also, when choosing to file an employment law complaint, be aware that the process needs evidence and that its outcome therefore depends on the evidence of the facts and the interpretation of the judge. In other words, it is not possible to guarantee the success of the action.
Finally, it is important to always be honest when talking to a lawyer. This is a fundamental point for the professional to do a good job. By concealing information or lying, it makes his job more difficult and can lead to your conviction for bad faith. Being honest with the labor lawyer allows him to identify your rights and understand the lawsuit in the best way to defend you.
How Can a Labor Lawyer Help You?
When an employee has doubts about their rights, it is essential to consult an employment lawyer. This professional is trained to clarify legal doubts and assist in all stages of the litigation process.
Breakdown of labor disputes in %
Here are 7 reasons to hire a labor lawyer.
1. Severance pay
Many employers are willing to pay severance pay in order for employees to accept their dismissal. They thus save time in the procedure. However, disputes often arise over the amount of severance pay as some bosses will likely try to keep the amount as low as possible. The labor lawyer’s experience and negotiation skills will help you here. The specialist lawyer knows exactly when a severance package is appropriate and by what means he can achieve his goal.
2. Wage payment disputes
In theory, you work and your boss pays the wages. But it is precisely this point that often triggers conflicts in practice. If you don’t get paid (for whatever reason), it’s a very stressful situation. Financial losses can cause you serious personal problems. So act fast. A labor lawyer will show you all of your options.
Bonuses are also a subject of frequent disputes between employers and employees. As the amounts are not governed by the Labor Code, the amounts due are often difficult to determine. What matters are the agreements you made with your boss. If a bonus is tied to clear terms in a performance agreement, your employer must pay. A careful examination of your individual case by a labor lawyer is in order here.
When people meet, differences of opinion are normal. This also applies to the workplace. However, limits should not be crossed. Repeated unfounded criticism, insults, bullying, salacious comments or unwanted physical contact, such situations represent a heavy psychological damage, and should not be accepted. You have the right to defend yourself.
Your employer has a particular duty of vigilance. This means that it must take your legitimate interests into account and protect your health and privacy. This applies not only to the harassment of other employees, but also to his misconduct. If he violates this obligation, legal action may be taken against him.
A labor lawyer will treat you with the understanding you deserve. It offers you competent legal support and helps you assert your rights. He will first try to reach an amicable agreement. If these efforts fail, he will defend you in court.
4. Labor relations
Auto-entrepreneurs, micro-entrepreneurs, self-employed, are some of the legal forms used in some cases to hide a real employer-employee working relationship, and, in the event of dismissal, the worker can request recognition of this working relationship. before the courts and with them all the rights arising from the employment relationship.
5. Hours of Work Disputes
Employers cannot arbitrarily order overtime. The legal provisions and the employment contract determine what is permitted. The fixed working hours that apply depend on the occupation. Employment contracts often contain agreed working hours. However, some of these clauses are illegal, especially when it comes to unpaid or excessive overtime. A labor lawyer will tell you if this is your case. They will verify the legality of overtime and help you with any claims for compensation.
6. Accident at work
If the employee suffers an accident at work in the company, on the outward or return journey to the company or develops an occupational disease (which is linked to the functions performed), he is entitled to claim compensation for the consequences of these accidents, depending on whether they are temporary or permanent, or resulting in partial or total incapacity. Similarly, a business law lawyer can accompany you in the event of dismissal after returning from a work stoppage.
7. Wrongful dismissal
Employers and employees often separate during disputes. They don’t just have different views on terminating the contract. Dismissal issues also present a high potential for conflict, especially in the event of wrongful termination. An experienced labor lawyer will carefully review your individual situation. The lawyer will know immediately if your dismissal is legally defensible. He will explain the factual and legal situation to you in a clear and understandable way. It will tell you the options available to you and the legal steps that make sense.
Therefore, if you are going through any of the above situations, it is recommended that you quickly contact an employment lawyer, who can guide you on how to proceed and can negotiate for you to assert your rights with your employer. .
How to find the right labor lawyer
Alexia.fr makes your search easier : This free website connects you with knowledgeable and reliable labor lawyers in your area. To take advantage of their expertise, all you have to do is ask your question in a form provided for this purpose. You will receive one or more answers and then you can contact the lawyers if you wish.
The lawyers ofAlexia.fr are at your disposal with the utmost discretion. Your labor lawyer will not take any action against your employer without your consent. The lawyer will be by your side until the end of your file. On the platform Alexia.fryou can also keep an eye on the documents and the progress of the procedure at any time.
The final word
A lawyer specializing in labor law is characterized by a particular expertise in his field of law. He knows the subject very well, both in theory and in practice. He will have an answer to your questions on labor law. The lawyer will analyze your individual situation, your needs and will find the solution adapted to your request. You will benefit from his experience, his competence and his qualities as a negotiator in the context of disputes with your employer.