In employment law, this happens more often than you might think: an employee enthusiastically returns to a former employer, only to be dismissed shortly thereafter under the pretense of a “probationary dismissal.” Recently, we assisted a client in exactly such a situation. The outcome? A favorable settlement and a clear message to employers: even in difficult situations, the law must be respected.
Our client returned to a previous employer after a short time elsewhere, in exactly the same position, within the same team, and with more working hours than before. Only a few weeks after rejoining, the employment contract was terminated on the grounds of a probationary period.
What the employer overlooked is that when a follow-up employment contract is entered into for the same position, without any substantial changes and after only a short break, it is legally very questionable to include a new probationary period. In this case, the dismissal was formally based on probation, but behind the scenes, a restructuring was already underway.
In the legal proceedings, we firmly defended our client's rights. We pointed out, among other things, that:
The client had clearly expressed their desire to return to work from the very beginning;
Access to internal systems was immediately blocked and the client was told to leave the premises;
No concrete or written offer to return was made, despite later claims by the employer;
The employer consistently ignored the client’s availability;
The dismissal was unjustified and had serious consequences.
Our client lost their income overnight, had to undergo treatment for mental health issues, and was left empty-handed unexpectedly. This, after having left another job in good faith to return to a familiar workplace.
The employer defended the dismissal by citing an upcoming restructuring and disappointing business results. However, the dismissal was framed as a probationary termination, effectively using a restructuring as a backdoor route not intended for that purpose. But that’s part of business risk: restructuring must never be misused to terminate staff without following proper procedures and safeguards.
At the time the client was rehired, it was already known internally that a hiring freeze and restructuring were imminent. Nevertheless, a contract was offered and shortly thereafter terminated, without any protection or alternative.
After tough negotiations, the case was successfully resolved, with very good compensation for the damages suffered by our client.
✔️ For employees: Returning to a former employer in the same role after a short break? Have your contract legally reviewed. A probation clause is not always valid.
✔️ For employers: Don’t use a restructuring as a backdoor to terminate employees via a probation clause. The legal and reputational risks are significant.
✔️ For both parties: Be clear, document agreements in writing, and act carefully. Good communication and legal precision go hand in hand.
Want to be sure your employment contract or dismissal is legally sound? Contact Ecevit Advocatuur – we’re here for you.
