Labor law lawyer
Labor matters are always accompanied by human interests, emotions and haste. Often the first step is crucial and a tactical approach is of great importance. But what is my added value to your employment case?
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Dismissal, termination of employment contract
Have you been or will you be fired ? Every dismissal, especially summary dismissal , is different and there are quite a few rules that the employer must comply with. Is the dismissal justified? Has the correct procedure been followed? Does your employer continue to pay you the salary ? Do you still have to appear at work or are you exempt from work?
After a first non-binding intake and assessment, I will contact the employer. If you are not looking for a procedure, but for a new future, we will help you make proper agreements ( settlement agreement or termination agreement), so that you may retain unemployment benefits, receive a transition payment or even a fair compensation, the non-employment benefit non-competition clause goes off the table and even (part of) the lawyer's fees are paid. Should litigation nevertheless be necessary, we will prepare the statement of defense and hearing together with you and I will of course assist you during the hearing.
Resign director
Are you a director and the shareholders want to fire you ? In addition to the employment law relationship, there is also a company law relationship. As a director, you also have to deal with a greater risk of failure. If things don't go well, it will be assumed more quickly than with a 'normal' employee that dismissal is in order. All the more reason to get good advice about a good scheme, also in connection with covering risks regarding the policy pursued.
Involved in a reorganization , the question is usually "am I there or not?". If so, is that right? Is there a good reflection and what are the consequences for you? Based on the reorganization plan, social plan and the collective labor agreement, we will assess with you whether it is better to cooperate with the reorganization or to oppose it. Don't be left with the question "if it's all right" and "it's just possible". Ask us, we'll answer!
Sick employee, reintegration and dismissal
Are you sick and does your employer want to fire you ? You are in a difficult and sometimes vulnerable situation and you are also unable to defend yourself properly. After all, you want to get better first. Your employer may not dismiss you and must do everything possible to allow you to reintegrate. With the maze of rules such as the Gatekeeper Act and company doctors, absenteeism supervisors, expert opinions, the UWV and the like, could you use some good advice? Lawyer Gijsen is happy to assist you and specializes in employment law and dismissal law.
Wage claim
Have you not received your salary or not on time for a while? Then you have a wage claim . It is not uncommon for employees to get into trouble out of loyalty to their boss if wages are not paid on time. Because it is difficult to address your boss about this, we do that for you. Sometimes with a mild, sometimes hard(er) approach. What you want and what the situation calls for. We also collect the statutory interest, statutory increase and the (lawyer) costs for you. So, is your employer making a mess? Get in touch.
Non-competition
Opportunities for non-compete clauses have been severely restricted in recent years. Only a limited and concise written non-compete clause in permanent contracts survives. I help the employer formulate this. Nevertheless, problems often arise when (ex)employees start working for competitors or for customers or relations of the former employer, sometimes also out of a sense of resentment or market protection. I solve those problems for you. They are often the result of ignorance, misunderstanding or a bad contract. Only when it becomes really unlawful does it become a problem for the employee. If you find yourself in a discussion with your employer, call us!
Employers
And dear employers , the reverse often applies to you, of course. My experience with employees and how they (can) behave can be invaluable to you. However, a lot is possible within the law and within the limits of "good employment practices". It starts with a good employment contract and an assessment of whether your company needs flexible or permanent staff. I would be happy to draw it up for your organisation. The protection of your customers and company information, the reintegration of sick employees and dealing with dysfunctional or even fraudulent employees and, if necessary, dismissal requires a tactical and personal approach. I am the sparring partner for many employers on a daily basis. Also for you?
More information about employment law or do you have questions about your situation? Our law firm is located in a historic building in Maastricht and serves clients throughout the Netherlands , from Eindhoven to Breda , Tilburg to Den Bosch . Contact us for an introduction!
