Reinstatement of an illegally dismissed employee

Unfortunately, there are cases when employers fire employees without observing the norms of the current legislation. This may be due to various reasons, for example, the employer’s desire to save money, get rid of an unwilling employee or avoid fulfilling his obligations.

It is important to know that illegal dismissal does not deprive the employee of his right to work. In such cases, the employee has the right to resume work and receive compensation for the period of forced absence.

The most frequent cases of illegal dismissal of employees

The most common cases of illegal dismissal include:

1. Without proper grounds, for example, without the presence of a disciplinary offense, absenteeism, staff reduction, etc.
2. For discriminatory reasons, for example, based on race, gender, age, religion, political beliefs, etc.
3. Pregnant women and women with young children.
4. Without following the dismissal procedure, for example, without giving notice of dismissal, without giving an opportunity to explain, and without executing a dismissal order.

Is it possible to renew an employee in case of illegal dismissal?

Yes, in case of illegal dismissal, the employee has the right to reinstatement. To do this, he must, with the help of a lawyer, apply to the court with a claim for reinstatement and collection of wages for the period of forced absenteeism.

Consult a lawyer

The main obstacles that an employer can do when resuming an employee’s job

An employer can resist reinstatement of an employee, for example, by:

1. Appealing the court decision. The employer can file an appeal against the court’s decision to renew the employee, artificially delaying the process.
2. Failure to issue a renewal order. After receiving a court decision, the manager may delay issuing an order to reinstate the employee.
3. Non-payment of wages for the period of forced absence: The employer may refuse to pay the employee wages for the time.
4. Ignoring the requirements of the executive service: In the event of the opening of executive proceedings, the employer can ignore the requirements of state executives.
5. Lack of vacancy. A situation can be artificially created when there are allegedly no vacancies at the enterprise.
6. Changing the description of the position to which the employee was reinstated.
7. Physical obstacle. The manager can simply not allow the employee to the workplace.
8. Lack of employment. The enterprise may not provide the employee with a workplace, tools, equipment and other resources necessary to perform the work.
9. Psychological pressure. The employer can exert psychological pressure on the employee.
10. Discrimination. Management can artificially create conditions in which an employee will not be able to work comfortably because of his race, gender, political beliefs, etc.
11. Illegal transfers. The employer can transfer the employee to a lower-paid position.
12. Violation of the work regime. The manager can change the employee’s work schedule in such a way that it is inconvenient for the person to remain in the position.

An employee may also be dismissed for another reason:

• Artificial creation of grounds for dismissal. Management can artificially create grounds for a new dismissal of an employee,
• Release by consent of the parties. The employer can offer the employee to write a statement of dismissal with the consent of the parties,
• Dismissal due to downsizing. This is a very common case that can have serious consequences for the employee. But it is not always legal.

If you have encountered similar obstacles when resuming work, do not give up. Ask for help from a qualified lawyer of “Prykhodko and Partners” company, who will help you protect your rights and achieve justice.

Consult a lawyer

Why is it important to consult a wrongful termination attorney?

Resuming work on your own can be a difficult task, because the employer can put up various obstacles that we mentioned above. A lawyer will help you:

1. Correctly draw up a statement of claim to the court.
2. Collect the necessary evidence to prove the illegality of the dismissal.
3. Represent your interests in court.
4. Protect your rights and seek reinstatement and compensation.

By contacting an expert of the company “Prykhodko and Partners”, you can be sure that your rights will be protected, and you will receive qualified legal assistance in resolving the issue of your reinstatement. Protecting your labor rights is our job. Contact our law firm and we will help you get back to work and get the compensation you deserve.

If you need advice or if you need the cost of reinstatement of an illegally dismissed employee – fill out the form below.