Challenging a Dismissal
In case of dismissal, it is important to act quickly and accurately. Never sign anything, because you could lose your rights: request a period of time to think it over and be able to consult a lawyer in the meantime. In case of dismissal, emotions are usually enhanced, and therefore the sensible approach is to react cautiously.
In order to terminate an employment contract, the employer needs the approval of the public employment service. When this service receives the request for dismissal from the employer, the employee also receives a copy. Then, the employee has two weeks to submit objections against it. Just then does the employment service make a decision. As an employee, therefore, you cannot be dismissed without your being aware.
The approval depends to some extent on the employee's objection to the dismissal, if any. Additionally, both the employer and the employee have a chance to request the termination of the contract to the cantonal court.
After the dismissal, you as an employee have the right to receive a subsidy or another unemployment benefit, under certain conditions. The complexity of the applicable regulations, however, creates unavoidable obstacles to the effective grant of the subsidy. In this situation the "personal responsibility" of the (ex-)employee is referred to more than ever. The person who goes through a termination process without legal advice is affording a high economic risk. He/she risks not receiving compensation and being unable to request the unemployment subsidy. For this reason, it is undoubtedly advisable to resort to a lawyer specialised in Labour Law. The sooner you present your problem to one of our lawyers, the higher your chances of collection will be. Our personalised assistance and the opportunity to resort to only one firm prevent a long proceeding.