Wrongful dismissal of an executive

Have you just received a dismissal notice without a valid reason? Are you an employer considering terminating the contract of an executive? Whatever your situation, the termination of an executive's contract raises complex regulatory issues and involves specific rights that must be respected. So, whether you are a victim or the employer, you can contact our team of experienced lawyers in handling wrongful dismissal of an executive issues.

Our firm helps you understand your rights and defend your interests at every stage of the process. If you are a victim of wrongful dismissal, we can help you challenge this decision and obtain compensation. As lawyers specialized in social law, we can also assist employers or company directors in justifying and formalizing the termination of the contract in compliance with labor law.

Abusive dismissal of a senior executive on regulatory grounds

When the dismissal of a senior executive is pronounced without real and serious cause, it becomes abusive under Articles L.1235-1 to L.1235-6 of the Labor Code. This concept implies an unjustified termination of the employment contract, either because the employer did not follow the procedure required by law, or because they were unable to provide a valid reason. The real and serious cause required for any dismissal is based on concrete, objective, and verifiable facts.

Certain reasons are even formally prohibited, particularly those based on discriminatory criteria, the exercise of a right by the employee, or reporting of illegal acts. Indeed, when a dismissal proves to be abusive, you can file a claim before the Labor Court. Depending on the circumstances, this court may order your reinstatement within the company or grant you financial compensation.

In addition to the compensation for dismissal without valid reasons, you may also be entitled to additional compensation, such as the statutory or contractual severance payment. These compensations are cumulative and aim to fully repair the harm caused by the employer and to compensate for the loss of employment under the best possible conditions. The employer may also be required to reimburse the amount paid for unemployment benefits.

Given the complexity of the rules applicable to senior executives, it is in your best interest to be assisted by our specialists to defend your rights effectively. Whether to contest an abusive dismissal of a senior executive or to defend yourself before the competent courts, you can count on us.

Lawyer for wrongful dismissal of an executive: legal assistance

Upon receiving a summons to a pre-dismissal interview, you must react appropriately to protect your interests. This letter mentions your right to be assisted, which constitutes a first essential guarantee. However, the stakes are often much higher when it comes to a senior executive. That is why immediate legal support is crucial from this stage.

By contacting our firm as soon as you receive this summons, you benefit from a complete assessment of the situation and a tailored strategy. We help you understand your rights and anticipate your employer's real intentions. This allows you to prepare before arriving at the interview, while having the necessary elements to assert your arguments. We also guide you towards the best possible options depending on the context.

Indeed, our support covers all issues related to the contemplated termination, including the possibility of negotiating an amicable exit if necessary. In this case, we intervene to assess the basis for severance pay, whether legal or contractual. We can also negotiate additional compensation, particularly when your contract includes elements such as an exclusivity clause or a non-compete clause.

Beyond the amounts, we ensure the protection of your reputation and manage internal or external communication around your departure. This vigilance is essential to preserve your professional relationships and your image, especially in sectors with high visibility or a closed network. Our experts also anticipate the impacts on your retirement, by integrating supplementary and additional schemes into the negotiations.

Everything will be done to guarantee an exit without prejudice for your professional future. Finally, we secure the drafting of documents formalizing the termination in order to avoid any future risk. In addition, we have lawyers specializing in tax law, which allows us to advise you on applicable tax and social regimes, taking care to optimize your net compensation. Besides negotiating an amicable termination, we can challenge the decision before the competent courts.

Lawyer to contest the wrongful dismissal of an executive

Do you believe you are a victim of wrongful dismissal? The wrongful dismissal of an executive can be challenged before the competent courts. In accordance with Article L1471-1 of the Labor Code, you have a period of twelve months from the date of notification to take action. You must then demonstrate that the termination of the contract is based on inaccurate, exaggerated, or unverifiable grounds.

From this stage, you must first carefully examine the termination letter and extract every element that can be challenged. You can, and sometimes must, request clarifications from your employer to complete the stated reasons. This request is essential if you later wish to argue their insufficiency before the Labor Court. You have the option to contest the reality of the alleged facts or to downplay their severity, whether it involves a personal or economic reason.

Once your challenge is initiated, the first step is a conciliation attempt before the Labor Court (Conseil de prud’hommes). This phase is mandatory and may lead to an amicable agreement. This settlement provides a fixed indemnity according to a scale set by Article D1235-21 of the Labor Code. If no agreement is reached, the case is brought before the judgment chamber. A hearing is then scheduled to settle the dispute.

Even if you can defend yourself alone, an effective challenge relies on solid argumentation, knowledge of the texts, and mastery of judicial procedures. This is why we provide you with experts in business criminal law and social law to intervene from the beginning of the process. Together, we study the reasons mentioned in the dismissal letter and help you deconstruct them legally. Our role is to prepare a precise file, with relevant evidence and a rigorous demonstration of the flaws in the employer's reasoning.

Next, we take into account your health, your projects, and your needs to advocate for a solution that suits you. Finally, our lawyers ensure professional representation at every stage of the procedure, from filing with the Labor Court (Conseil de prud’hommes) to the closing of the case. In the event of conciliation, we negotiate the most advantageous compensation. If the case goes before the judge, we can represent you for an effective defense.

Assistance for employers by our lawyers for the dismissal of an executive manager

The dismissal of an executive manager requires special attention due to the specific status conferred on them by the Labour Code. This employee exercises strategic responsibilities with great autonomy, high decision-making power and remuneration that places them among the highest levels of the company. These criteria define their derogatory status, particularly with regard to working time, rest or leave.

However, the executive manager is not exempt from dismissal. If you are considering terminating the contract of an executive manager, you must strictly follow the legal procedure. The summons to a preliminary interview is essential and must be formulated with precision. It allows for a dialogue during which you set out the reasons justifying your decision.

This step constitutes a guarantee for you as an employer, but also to prevent any subsequent challenge. Indeed, a non-compliant procedure could call into question the legitimacy of the dismissal. You must then notify your decision clearly and in a documented manner. The dismissal letter must include specific grounds, verifiable and unambiguously formulated.

That is why our specialists work alongside you from the initial thoughts on the departure of an executive. We help you assess legal risks and anticipate arguments that the employee might raise.

Our objective is to:

• prevent risks of abuse;
• avoid litigation;
• reduce legal proceedings;
• protect the interests of each party.

To do this, we assist you in drafting letters, preparing the interview, and formulating the grounds for dismissal. Each step is subject to tailored monitoring, adapted to the level of employee responsibility involved. Our professionals also intervene to facilitate the negotiation of an amicable departure or a fair severance payment, when relevant. Finally, if litigation arises despite the precautions taken, we ensure your defense. Contact Macfarlanes LLP now to discuss your case.