Securing disciplinary procedures and individual dismissals, from the characterization of the facts to the drafting of letters and pre-litigation management.
Securing your disciplinary decisions and dismissals
A poorly prepared disciplinary dismissal often costs several months' salary in damages, not to mention legal costs and the time spent managing the litigation. Handling a disciplinary procedure or a dismissal for personal grounds requires absolute legal rigor at every stage, from the characterization of the facts to the notification of the sanction.
The firm assists employers with all individual dismissal procedures (disciplinary, medical unfitness for work, professional inadequacy, individual economic grounds) to secure the decision and limit the litigation risk.
Characterizing the facts: the decisive step
Most dismissals successfully challenged by employees are not challenged on the reality of the facts, but on their characterization. A fact that is real but wrongly characterized (serious misconduct instead of simple misconduct, disciplinary grounds instead of non-disciplinary personal grounds, professional inadequacy instead of misconduct) undermines the entire procedure.
The firm's upstream work consists of analyzing the available facts precisely, testing them against the applicable case law, and recommending the safest and most appropriate characterization for the situation.
What our support covers
- Preliminary analysis of the facts and of their legal characterization
- Choice of a proportionate sanction (warning, disciplinary suspension, demotion, dismissal)
- Drafting of preliminary interview invitations, sanction letters, and dismissal letters
- Preparation for, and support during, preliminary interviews
- Management of dismissals for medical unfitness and professional inadequacy
- Handling of harassment, discrimination, and other sensitive situations
- Coordination with employee representatives where consultation is required
- Management of labor court litigation where applicable
Key points of vigilance
Several errors frequently recur in contested disciplinary procedures: exceeding the two-month time limit for initiating disciplinary proceedings, insufficient reasons in the dismissal letter, procedural defects in the preliminary interview invitation or the interview itself, a sanction disproportionate to the employee's length of service and disciplinary record, and insufficient evidence of the alleged facts.
Each of these errors can turn a justified dismissal into an unfair dismissal (without real and serious cause), with the corresponding compensation.
Sensitive procedures: harassment, discrimination, alcohol
Certain procedures require specific handling. A dismissal for harassment must be based on a solid and well-documented internal investigation. A dismissal for alcohol consumption in the workplace must comply with strict rules of evidence. A dismissal following a discrimination complaint calls for particular care as to the timeline and the reasons given.
The firm handles these situations with the rigor they require, in line with the company's HR and reputational objectives.
Medical unfitness and professional inadequacy
Dismissals for medical unfitness for work (whether or not work-related) and for professional inadequacy follow specific procedural rules that differ from those governing disciplinary dismissals. Redeployment obligation, opinion of the occupational physician, consultation of employee representatives, and objective evidence of the inadequacy: every step must be followed, failing which the termination may be invalidated.
The firm provides support at each of these stages to ensure the validity of the procedure and to document the steps taken.
