A statement of claim for cancellation of the order of dismissal and reinstatement

Dismissal is always a stressful situation for an employee. However, when such dismissal is illegal, the stress can turn into a serious legal conflict. A dismissal and reinstatement lawsuit is a legal tool that allows an employee to restore their rights, receive compensation for wrongful dismissal, and return to their professional duties.

Examples of illegal dismissal

There are many cases where the dismissal of an employee may be considered illegal. Here are some of them:

1. Dismissal without proper grounds. The employer is obliged to provide specific reasons for the dismissal of the employee, in accordance with the labor law. The absence of such grounds or insufficient evidence may be grounds for declaring the dismissal illegal.
2. Discriminatory dismissal. Dismissal based on sex, race, age, national origin, religious beliefs or other discriminatory grounds is illegal.
3. Dismissal without due process. The employer must follow an established dismissal procedure, which may include a written warning, time to correct work deficiencies, etc. Failure to follow this procedure may render the dismissal illegal.
4. Dismissal during sick leave or maternity leave. According to the law, an employee cannot be fired during sick leave or maternity leave, except in some cases provided by law.

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The procedure for preparing and considering a claim

The procedure for writing and reviewing a claim for cancellation of a dismissal and reinstatement order includes several stages:

1. At the first stage, it is necessary to prepare a statement of claim, which describes in detail the circumstances of the dismissal, the grounds with which the employee does not agree, as well as the requirements for the cancellation of the dismissal order and reinstatement.
2. After preparing the statement of claim, it must be submitted to the appropriate court. It is important to comply with the deadlines for filing a lawsuit, which are determined by law.
3. The court considers the submitted statement of claim, listens to both sides, analyzes the evidence provided and makes a decision. The employee has the right to present his evidence and arguments in support of his claims.
4. If the court approves the claim, the employer must comply with the court's decision, which may include reinstatement of the employee, payment of compensation for forced absenteeism, and other measures.

If dismissal is recognized as illegal, the court may issue a decision on:

• Cancellation of the dismissal order.
• Reinstatement of the employee at work.
• Payment of wages during forced absenteeism.
• Compensation for non-pecuniary damage (if there are relevant grounds).

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Why is it important to seek legal help when writing and filing a lawsuit?

The process of writing and filing a claim for annulment of a dismissal and reinstatement order is complex and requires a deep understanding of labor law. Here's how a lawyer can help:

1. He will correctly prepare a statement of claim, taking into account all the necessary requirements of the law, which will increase the chances of a positive result.
2. It will help to collect and prepare the necessary evidence that confirms the illegality of the dismissal.
3. Will defend the employee's interests in court, present his position and arguments, which will ensure a professional approach to the case.
4. It will help to comply with all the established deadlines for filing a lawsuit and other procedural actions, which is important for the successful consideration of the case.

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Legal support from "Prykhodko and partners"

If you are faced with an illegal dismissal, you should not be alone with this problem. The legal company "Prikhodko and Partners" has extensive experience in handling labor disputes and protecting the rights of employees. Our specialists will help you draw up a statement of claim, collect the necessary evidence and represent your interests in court. By contacting us, you receive professional support and protection of your rights.

To receive a detailed consultation or to calculate the cost of a claim, fill out the form below.