Receiving a dismissal letter is always a shock. Yet this is not the moment to let yourself be overwhelmed: a few simple reflexes are enough to protect your rights, and some deadlines are short. A lawyer at the Mulhouse Bar, I assist employees across the Haut-Rhin in taking stock, calmly.
Reflex no. 1 — Do not sign anything in haste
Under the weight of emotion, people sometimes sign too quickly. Yet several documents commit your rights:
- the final settlement receipt (reçu pour solde de tout compte);
- a possible settlement agreement (transaction).
You have the right to take the time to read and to have these documents checked before signing. A hasty signature may deprive you of sums you might be able to claim.
Reflex no. 2 — Keep all your documents
Gather and carefully keep:
- the dismissal letter and the summons to the preliminary interview;
- your employment contract and your pay slips;
- the e-mails and letters exchanged with the employer;
- the final settlement, the work certificate, the France Travail certificate (the French public employment service).
These documents are essential: they are, in particular, what will make it possible to analyse the lawfulness of your dismissal.
Reflex no. 3 — Check that the procedure was followed
A dismissal follows a precise procedure. Check in particular:
- the summons to the preliminary interview, with a period of at least 5 working days before the interview;
- the holding of the preliminary interview, during which you may be assisted (a member of staff or, in the absence of representatives, an employee adviser);
- the notification of the dismissal by reasoned registered letter, observing the deadlines (at least 2 working days after the interview; in the event of misconduct, within one month).
A failure to follow the procedure may give rise to compensation.
Reflex no. 4 — Check the grounds for dismissal
The dismissal must rest on a real and serious cause (cause réelle et sérieuse). Be particularly attentive if:
- the grounds stated in the letter are imprecise or non-existent;
- the dismissal in fact rests on a prohibited or discriminatory ground (state of health, pregnancy, trade-union activity, etc.): it is then null and void;
- it is a redundancy (economic) dismissal: the employer has specific obligations (order of dismissals, obligation to redeploy, information).
Reflex no. 5 — Beware of the deadlines for acting
This is probably the most important point: the deadlines are short. In principle, you have 12 months from the notification to challenge your dismissal before the labour court (conseil de prud'hommes) — in Mulhouse and in Colmar for the Haut-Rhin. It is better to seek advice early than to let this deadline slip away.
Reflex no. 6 — Get support
Checking the lawfulness of a dismissal means examining the letter, the deadlines, the grounds and the context. I help you analyse your situation, assess what you may be able to claim, and, if necessary, defend your interests before the labour court (conseil de prud'hommes) in Mulhouse.
Have you just been dismissed in Mulhouse or in the Haut-Rhin?
Frequently asked questions
I have just been dismissed: where do I start?
Do not sign anything in haste, keep all your documents, and have the lawfulness of your dismissal checked.
How long do I have to challenge it?
In principle 12 months from the notification — a deadline to be checked according to your situation.
Must I sign the final settlement receipt straight away?
No, you may take the time to have it checked before signing.
What happens if I have signed the final settlement receipt?
You may challenge the sums set out in that receipt for a reduced period of 6 months after signing.
What can I do if I was forced to sign the final settlement receipt?
The receipt must be contested, preferably by registered letter with acknowledgement of receipt. You may indeed recall there that you had been forced to sign that disputed settlement.
Is a procedural error enough to obtain something?
A procedural irregularity may give rise to compensation, even where the grounds are otherwise justified.
This article provides general information and does not constitute legal advice. Every situation is unique: to have yours examined, contact the firm.