How is a disciplinary procedure carried out with a lawyer?
You have just been fired and you want to defend yourself since you find this dismissal abnormal? Do you need a lawyer to help you deal with disciplinary proceedings? In a company, if you realize a serious fault or if you have already received several warnings, your employer can summon you for a disciplinary procedure. With this procedure, he can also give you sanctions going as far as dismissal which you can then contest with the help of a lawyer. To help you defend your rights, find out how a disciplinary procedure usually takes place with a lawyer.
A mandatory letter to notify you of the disciplinary procedure
First of all, if your employer wants to enter into disciplinary proceedings with you, he must let you know by registered letter or by hand-delivered letter according to his preferences. In this letter, he must clearly inform you of an official interview where you can go with someone else from your company. Note that disciplinary proceedings cannot be initiated for misconduct or facts dating back more than two months. When you have received the letter, you must imperatively go to the appointment which has been fixed for you. During this disciplinary procedure, a sanction against you may be taken depending on the seriousness of your fault. This sanction may go as far as your dismissal.
A possible challenge to the Prud'hommes
If you do not agree with the decision taken during the disciplinary procedure, you can contest it at the Prud'hommes. For this, we advise you to be accompanied by a professional lawyer in order to put all the chances on your side to win your case. Indeed, a lawyer can first help you prepare for your interview as well as possible. By knowing all the tricks of his trade and being able to find all the flaws in the procedure of your dismissal, he will be competent to find tips to guide you in your appeal. If you are already looking for information, do not hesitate to read the explanations of this lawyer in Saint-Étienne. You will then be able to find the ideal lawyer who will know how to defend you effectively and give you confidence for the day of your hearing at the Labor Court.
A summons to the Labor Court with your lawyer
When you file your complaint with the Labor Court, you will receive a summons for a hearing. Your company will also receive a summons. On the day of the hearing, you will therefore find yourself confronting your former employer. Being accompanied by a lawyer is then a real plus to feel more confident. Having prepared a solid file with a professional is also a guarantee of success. After having listened to your point of view and that of your employer and analyzed your file, the labor court will make its final decision and will confirm your dismissal or not.
And have you ever had a disciplinary procedure in your life and have you been accompanied by a lawyer?
