If you’ve been dismissed with immediate effect, you suddenly have no income. You won’t receive wages and lose the right to unemployment benefits and severance pay. Dismissal with immediate effect is therefore very severe and often causes a lot of uncertainty. An employer should never dismiss you with immediate effect without a valid reason. Moreover, your employer must adhere to specific rules regarding how they dismiss you with immediate effect. Strict requirements apply to immediate dismissal. Have you been dismissed with immediate effect and disagree with it? Or do you have doubts about the reason for your dismissal or the way it was handled? Then read on or contact us for a non-binding discussion of your situation.
For a valid immediate dismissal, you must have committed acts, traits, or behaviors so serious that your employer cannot be expected to continue the employment contract. There must be evidence of culpable actions or omissions on your part as an employee, or a compelling reason such as deception, theft, assault, threats, unwanted harassment, etc.
If there is a valid and urgent reason, the employer must proceed immediately with the immediate dismissal. The employer cannot delay this decision for long. Immediate dismissal must always be given promptly. However, the employer is allowed a short time to investigate the situation to determine exactly what happened. During this brief period, the employer may conduct hearings with you, speak to other employees or clients (witnesses) about the situation, and possibly review evidence or CCTV footage.
The reason for immediate dismissal must also be communicated promptly to the employee. The employer must not only state the reason for immediate dismissal but also provide a detailed explanation. Often, immediate dismissal is initially communicated verbally, and the employee is given an explanation during a meeting. After the meeting, the employee receives a dismissal letter stating the reason and accompanying explanation. Of course, it may also happen that you receive a dismissal letter directly. Have you been dismissed with immediate effect but did not receive or received an inadequate dismissal letter? Or have you only received a brief message stating you no longer need to come in? This is not correct! It may be that your employer did not adhere to the rules on how to dismiss an employee with immediate effect. Do you have doubts? Then do not hesitate to contact us.
Finally, it cannot be the case that if Employee A does not get along with Employee B, Employee A makes false statements about Employee B, after which Employee B is dismissed with immediate effect. To prevent such situations, it is important for an employer to conduct hearings with all parties involved. The employer must always speak with all parties involved to ascertain exactly what happened. Clear documentation of these discussions is crucial to avoid misunderstandings. As mentioned, an employer has (limited) time to investigate in the case of immediate dismissal. Are you involved in a dispute and is your employer considering dismissing you with immediate effect? Contact us as soon as possible for legal advice and assistance. Even if you have been dismissed with immediate effect, feel free to contact us.
As mentioned, strict requirements apply to immediate dismissals. Often, employers do not meet all requirements, rendering the immediate dismissal invalid. In such cases, it can be very beneficial to challenge the immediate dismissal in court. You must do this within 2 months of the immediate dismissal. You will ask the court to invalidate the immediate dismissal and/or to require your employer to pay you financial compensation. Whether the immediate dismissal is invalidated and/or you receive financial compensation depends on the court's judgment.
In many cases, an employer chooses not to go to court when it becomes clear that the immediate dismissal is not valid. Instead, they decide to terminate the employment contract through a termination agreement, also known as a settlement agreement. Employer and employee then agree in good faith to terminate the employment contract. As compensation for this termination, the employee receives financial compensation. Furthermore, the employee retains the right to unemployment benefits and severance pay when the immediate dismissal is converted into a termination agreement or settlement agreement. More information about a settlement agreement can be found here.
If you have been dismissed with immediate effect, it is always advisable to contact us. Together, we will discuss your situation, provide advice, and represent you as lawyers. As mentioned, it is important to act quickly. An unfair immediate dismissal must be brought to court within 2 months. Therefore, do not wait too long and make an appointment today.
