Is it worth it to go to court over an unfair dismissal?

[Phil]

Hi everyone!

Despite satisfactory performance reviews, I've just been made redundant (first time in my life that I've lost a job!). Needless to say, my principal and I have very different ideas about many things. The school merged my job position with another one, into a new position, that I am qualified for, but then decided to hire someone else. I work in Western Europe and there is a labor disputes court that is easy to use without involving a lawyer. They basically encourage the employer and the employee to settle outside of court, and if that can't be arranged, the judge decides the outcome after written testimony from both parts. I will of course consult with a lawyer first to see if I have a strong enough case or not.

Is it worth it to drag my issue to court? Will it impact my future career? Can I trust that the principal will not be vindictive when used as a referee in future job-seeking?

I can see both pros and cons. The maximum amount awarded in such cases is 6 months of salary, which is not a whole lot considering that I've been employed as a part-time worker the last year. On the other hand, establishing that it was an unfair dismissal makes me look better than someone who has been let go due to incompetence. However, it may also scare future employers away if they fear that I may be litigous in general. My understanding is that it may be seen as quite risky and off-putting to future employers.

Any thoughts?

[Innsbruckave]

I believe that you should always stand up for yourself. I believe that it will make you feel empowered. It is very scary. Even in a foreign country you should feel that you can be heard. If there is strong support for labour, you should try. I think if you don't try, you will have regrets.

[expatscot]

As it's Western Europe, I'd say it was worth a punt.

Speak to a lawyer, but try to get the school to agree to say it was your choice to leave. Sometimes schools think 'he's an expat, he won't go to court' and when you do, or get a lawyer involved first, it scares them enough to give in to your demands, especially if you are in the right.

[Tol_Eressea]

That really sucks...

Did you have a permanent contract? What was the official "reason"? How long had you been working there? How is your relationship with your previous schools?

I also wonder how your relationship is now with this school. Would they provide you with a reference right now, and what would it say? I think this is important because if you have nothing to lose, I would go for it (prior consultation with lawyer and ideally other IT in your area). But if they are eager to provide a positive reference, let's say the reason for your dismissal is that there aren't sufficient students anymore or whatever else that does not make you look bad, I would think it twice.

Is it possible to talk this through so you get a fair reference, and avoid the court? Explaining to them how unfair the reason for your dismissal is and giving a hint that as it is so important to you, you will have to consider other course of action if you don't get a proper recommendation letter/reference?

I also wonder how much notice they gave you, how are your circumstances (do you need to leave the country ASAP because of lack of visa).

So many questions... I hope this brainstorming is of some help somehow!

[Thames Pirate]

The short answer is probably not.

--You will alienate even the most reasonable director and end up leaving a negative impression.
--If you get the job back, you will be negatively treated and feel like nobody wants you around.
--If you move on, you will get negative or not as positive reviews

Nobody wins, even if you win. Sure, you get to feel justified in being proven right, but then what?

However, if the school has a history of this, your career is in a good place where you can afford the inevitable hit, and you think winning a suit would help the next guy, then it might be worth it.

[ramiroflores]

I think it shouldn't

If you win the lawsuit, when you return, the director will treat you differently and it will be more difficult for you two to face each other than before. If you lose, it will be difficult for you to get a job later, so I don't think you should.

[PsyGuy]

Thats exactly how (one of several) you dismiss an IT in the WE without extraneous repercussions.
When you state youre qualified for the new position is that just your opinion or do you have access to a job description or other defining document and do you have supporting documentation that you can prove your qualified for the new position? If you pursue the case through the Labor board you or your lawyer will need that kind of documentation to make a convincing case.

It depends what your future plans are and essentially your position on ghosting the position on your resume.

If the goal is to get the job back because you have a permanent contract (tenure, etc.), or you dont have other options for employment and want to stay in the country for whatever reasons. Than you absolutely go to the Labor Board. There isnt anywhere near the stigma in the WE of employees having to utilize the labor board against an employer. Other positions and leadership opinions dont matter since if you win youre keeping the position and there is no dismissal you need to report. As to your colleagues, you know them best and the ones that supported you before will continue to support you. The ones that didnt wont change either. Even if your colleagues as a whole turn their backs on you because they dont want to risk alienating themselves or causing problems with leadership, so what, work shouldnt be your primary or sole source of self worth or value. Show up on time, teach your classes, be cordial, and professional, thats the job, nowhere does it say it needs to be a popularity contest.

If youre not going to get the job back and the best you can get is some amount of coin out of it, than whats your next option. Youve essentially been through a RIF (Reduction In Force) its nothing to be ashamed about, its not a dismissal for cause. Of course the important issue is whats the reference going to be, and not just the official formal one but whats the HOS going to say over the phone, email, text, etc. You can get an sense of the former but really no idea until much later and that assumes someone down the road gives you an update that your previous leader said X about you and it wasnt good.
You indicate that this new position may have been created to push you out, and if thats truly the case than the reference isnt likely to be positive or worth very much if anything. This means at some point in the future, at least for your next job youre going to have to do some serious spinning and selling to get past a negative reference.
The whole idea of negotiating a reference is really a red herring, you can only influence what the formal written one will look like and nothing you negotiate is going to be enforceable or provide you any recourse if the IS and leadership dont echo the same position informally. Every leader whose not a noob knows you sometimes have to write a reference that doesnt match reality because the labor process and employee protections are prohibitive.

So can you ghost it. If youve been in the position only a year or two you can very likely and successfully ghost the position. This really only works if your applying for positions outside of the country youre in, since if you begin a job pursuit locally another IS is going to want to know what brought you to the country to begin with and how youre legally staying around, your visa itself is likely going to identify that youre in country to work. In which case the difficulty of ghosting the position increases (you likely cant, at least not specifically).
Thats the situation until you get the next job at which time you can either keep this position off your resume going forward or you can add it onto your resume but safety buried behind whatever the current job is.

What are your needs. Do you need the coin, what are you going to do while job searching. Is your visa due to expire, can you get an extension while going through the Labor Board process. Do you have options available to you in the meantime and if youre unsuccessful. Having a loss of coin is a substantial issue, not everyone has a spouse or partner in finance to support them. This is a job, the coin matters far more than people liking you or what they think about you.

As to helping the next person, its not going to make a bit of difference, the ISs leadership knows what they are doing and being wrong in court isnt going to change them or their position at all. If they win they will shrug and move on to the next day, business as usual, and if they loose they will shrug and plan there next strategy to push you out the door (if thats what they are trying to do, and if it is youre on borrowed time until either they are successful or they move to a different IS).
Lastly, theres already the next person. They hired and filled the new position already, either that person gets RIFd or their contract is nullified or worse they get pushed into some other position, and they are going to know from day one that youre doing their job.

Regardless of what you do with the Labor Board you may want to start job searching sooner rather than later, but at least doing so on your terms allows you to be more selective and less desperate, rather than doing it on their terms when youre rushed and not in a place of safety.

[estudyabroad]

I'm sorry to hear about your unfortunate situation. That must be really stressful. A few thoughts - first, definitely consult a lawyer to understand your rights and options. They'll give you the clearest picture.

Also consider your own well-being - will dragging it out in court just cause more negativity in your life? You have to feel at peace with whatever happens. Perhaps see if an agreement can be reached without litigation, so you can both move forward.

No matter what, keep your head high. You know your own abilities and work ethic. One employer's bad choice doesn't define your worth.

[tangchao]

I know a school in WE that has lost every single case brought against them.

Were you in the union?

Give it go if it costs you nothing. Future schools will be none the wiser.

Just make sure you have a reference already.

[Heliotrope]

tangchao wrote:
> Just make sure you have a reference already.

Part of checking the references can also be a call or email to your last employer, so getting a reference before you take legal action isn't a way of having your cake and eating it too.
It will however enable you to prove the bad things an admin might say about you in such a call/email are because of the lawsuit you brought against them, since they said different things in their written reference.

[popgirl]

Depends what the real reason is, and what your future plans are. We don't know enough about the situation to advise.