Management of disputes with an employee

WHAT TO DO IN A DISPUTE WITH AN EMPLOYEE?

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Cases of disputes with a current or former employee are far more numerous than we might think. As soon as a conflict emerges, it is necessary to set up an amicable phase of discussions before bringing out a procedure that can lead to the Labor Court. Blooming Consulting's expert lawyers are involved right from the preliminary discussions stage.

This phase of discussions can last from a few weeks to several months, until one of the parties deems it necessary to take the next step by noting the ineffectiveness of the amicable discussions.

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Therefore, in the absence of an amicable agreement, the procedure for managing disputes with an employee will take place in two main stages:

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• Appointment of a conciliator. A conciliation hearing will be organized after which the conciliator, appointed by the Labor Court, will try to find common ground for the parties. If this stage is successful, a conciliation report will be put in place by the conciliator and the two parties will not need to go to the second stage. The procedure will be closed.

• in the absence of an agreement with the conciliator during the conciliation hearing, the industrial tribunal judge will ask each of the parties to stand before him in order to put forward his arguments.

The amicable settlement procedure is, of course, preferred. It reduces the time, energy and cost of proceedings for each of the parties. This is why Blooming Consulting will mobilize all its legal and listening resources in order to reach an amicable outcome with your employee.

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It will only be when all amicable solution remedies have failed that litigation will be initiated.  

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Essential Formula (48 H): for 300 euros including tax

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Blooming Consulting offers you personalized support in the context of disputes with your employees. From the information you have provided by completing our dedicated form, you will give us the means to work in the management of these disputes.   

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First: the lawyer in charge of your file will then contact you within a maximum of two working days. He will arrange a telephone meeting with you, depending on your availability.

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Secondly: your lawyer will send you a written consultation detailing the legal point of view of the situation, the chances of success, and concluding with an analysis of the probable risk of conviction. In view of this probability of conviction, you will then decide on the procedure to follow, thanks to the description of the procedure that your lawyer will detail in the appendix to his report.

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The Essential Formula includes:

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• a one-hour interview with a lawyer;

• a rigorous analysis of your documents;

• sending a written consultation analyzing the risks and the chances of success, with an explanatory notice attached detailing the stages of the procedure before the Commercial Court.

NB  : contentious actions involve a plea before the Commercial Court and, consequently, the intervention of a lawyer. If you wish to set up such an action, we will put you in contact with a lawyer specialized in labor law who will take over in this procedure. The specialized lawyer will then inform you of his rates and packages.

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Premium formula (24 H): for 360 euros including tax

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The Premium formula is exactly the same as the Essential but with faster delivery.

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