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Dismissal of employees

Corporate practice, Litigation, Commercial law

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Description

One way or another, almost all companies that are actively engaged in business activities have encountered “difficult” employees. Unfortunately, such employees cause a lot of trouble and often hinder both the activities of companies themselves and directly cause them losses through their irresponsibility, conflict or incompetence.

The dismissal of such employees is a delicate and time-consuming process that requires special flexibility in resolving issues. On the one hand, it is necessary to clearly understand your rights and give a decent response to such persons. On the other hand, the wrong tactic of conduct or excessive rigidity with respect to such employees inevitably draws the company into unnecessary litigation.

The task at this stage is to thoroughly study the circumstances of the case and assess the situation in order to develop a clear algorithm of actions and do everything possible to resolve the dispute as soon as possible and on terms that are beneficial to both parties.

However, it is worth knowing the risks that the Employer faces when dismissing an employee on his own initiative:

Judicial recognition of dismissal as illegal, which entails compensation for the entire period of illegal dismissal and reinstatement.

Under Russian law, unlawful dismissal is also a criminal offense: an employee can file a complaint with the labor inspectorate and the prosecutor's office about violations in the field of labor relations

When hiring an unscrupulous employee, it is possible to steal important information that the employee has access to and transfer to a competing firm

Luring an employer's clients to a new company is collecting unpaid compensation when declaring a dismissal legal, often related to agreements that provide for KPIs