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Severance pay - Best lawyers

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Severance compensation constitutes a fundamental right of every employee who has been dismissed from work, but often employees discover that the amounts they received do not match their full rights according to law. A severance compensation law firm specializes in ensuring receipt of the full compensation due to the employee, with thorough examination of all legal and economic aspects of the dismissal. The legal service includes in-depth analysis of dismissal circumstances, accurate calculation of due compensation, examination of the legality of the dismissals themselves, and handling claims against employers who did not act according to law.Severance compensation attorneys specialize in handling a wide range of cases, from regular dismissals with incorrect compensation calculations, through wrongful dismissals that entitle to increased compensation, to complex cases of group dismissals or dismissals during economic crisis situations. The service is intended for any employee who was dismissed from work and is uncertain about receiving their full rights, for employees who were wrongfully dismissed, and for those who suspect the employer did not calculate compensation correctly. Statistics show that in about 70% of cases where severance compensation is professionally examined, it is discovered that the employee is entitled to significant additional amounts beyond what they received.

Decision-Making Process

Identifying the need for legal consultation regarding severance compensation is vital for ensuring receipt of full rights. The main signs indicating the need to approach a recommended severance compensation attorney include receiving compensation that seems lower than expected, dismissals that occurred without sufficient advance notice, dismissals following a complaint or demand for rights, dismissals after a period of illness or maternity leave, or cases where the employer refused to provide details of how compensation was calculated.The legal options available to you are diverse and depend on the specific circumstances of the dismissal. These include a claim for completing severance compensation that was calculated incorrectly, a claim for wrongful dismissals that entitles to increased compensation, a claim for failure to provide advance notice, and a claim for receiving additional rights that were not paid such as accumulated vacation days or bonuses. A severance compensation attorney will examine the specific case and suggest the most appropriate legal strategy. Important considerations before starting legal proceedings include checking existing documentation, assessing chances of winning the lawsuit, and calculating the cost-benefit ratio of the legal process.

Preparation for Legal Process

Professional preparation for the legal process requires collecting a comprehensive array of documents and information. Severance compensation law firms will require you to prepare the original employment contract and its additions, all correspondence with the employer regarding the dismissal, the dismissal letter and details of calculated compensation, salary slips from the 12 months before dismissal, documentation of bonuses and additional benefits received, records of accumulated and unused vacation days, and evidence of any event that preceded the dismissal and might testify to their illegality.Guidelines for preparing an effective legal case include chronological organization of all events leading to dismissal, creating a detailed list of all benefits and payments received during employment, documentation of any conversation or meeting with the employer regarding dismissal, and preparing an independent calculation of due compensation according to your understanding. The information to collect before the first meeting with recommended severance compensation attorneys includes complete details about working conditions, the reason for dismissal as presented by the employer, start date of employment and dismissal date, scope of position and nature of work performed.

Legal Treatment Process

The legal process in severance compensation cases begins with the analysis and assessment stage, where a recommended severance compensation attorney examines all collected material and evaluates the legal strength of the potential claim. The second stage includes accurate and professional calculation of actually due compensation, taking into account all relevant benefits and expenses. Subsequently, an attempt is made to reach an out-of-court settlement through negotiation with the employer or their legal representatives. If negotiation does not yield satisfactory results, the stage of filing a formal lawsuit to the labor court begins.Estimated timeframes for legal proceedings in severance compensation cases depend on case complexity and the degree of cooperation from the other side. On average, one can expect a process lasting between 8 months to two years, with simple cases of incorrect calculation possibly ending sooner, and cases of wrongful dismissals possibly lasting longer. Possible legal strategies include emphasizing the illegality of dismissals, presenting accurate calculation of missing compensation, emphasizing economic damage caused to the employee, and arguing for increased compensation in cases of wrongful dismissals.

Monitoring and Ongoing Treatment Period

During the legal process, it's important for you to be updated and active in the process. In the initial stages, you will receive detailed explanations from the legal team about the chosen strategy and steps to be taken. Severance compensation attorneys will maintain regular contact with you and update you on any significant development, whether it's the employer's response to the lawsuit or setting hearing dates or settlement offers.Guidelines for ideal cooperation with legal consultation include quick response to any request for information or clarification, maintaining documentation of any contact or approach from the former employer, and avoiding signing documents or additional agreements without approval from the attorney. Signs requiring immediate attorney update include attempts by the former employer to establish direct contact regarding the lawsuit, discovery of new information that might affect the case, or changes in employment status that might affect damage calculation.

Choosing the Right Attorney

Choosing the appropriate severance compensation law firm constitutes a crucial factor in lawsuit success. Central selection criteria include extensive experience in labor law and particularly in severance compensation cases, deep understanding of relevant laws and regulations, proven experience in proceedings before labor court, and excellent professional reputation with positive client reviews. It's important to choose an attorney who specializes specifically in this field and has deep understanding of current case law and recent legislative changes.Critical questions to ask in the first consultation meeting include clarification about specific experience in severance compensation cases similar to your case, success rate and average amounts achieved in similar cases, proposed legal strategy and its rationale, assessment of chances for success in your case, and expected timeframes and fee structure. The importance of experience and expertise in the specific field is expressed in the ability to identify problems that might escape less experienced attorneys, deep familiarity with labor court procedures, and experience in negotiation with employers and their legal representatives.

Find the Professional Legal Consultation You Will Need

When you are dealing with complex questions regarding your severance compensation, choosing professional and experienced legal representation is critical for ensuring your rights. Law firms in the field of labor law can provide you with the knowledge and tools required for effective handling of your case. The LawReviews platform offers convenient and reliable access to information about leading law firms, including detailed reviews from real clients who experienced the services themselves. The comprehensive information provided by attorneys registered on the site, combined with reviews and ratings from previous clients, enables you to make an informed decision and choose the best legal representation for your specific case.

Frequently Asked Questions

What is severance pay and when is an employee entitled to it?
Severance pay is a legal payment due to every employee dismissed from work after one year of continuous employment or more. The entitlement exists even if the employee resigned for reasons recognized by law as equivalent to dismissal, such as significant deterioration of working conditions.
How is severance pay calculated?
Severance pay is calculated according to a formula of one month's salary for each year of work. The calculation is based on the average salary in the last 3 months before dismissal, including all benefits and regular supplements.
What is wrongful dismissal and how does it affect compensation?
Wrongful dismissal is dismissal done in violation of the law, such as dismissal due to pregnancy, illness, or claiming rights. In such cases, the employee is entitled to increased compensation that can reach up to a full year's salary.
Is there a time limit for claiming severance pay?
Yes, the statute of limitations for claiming severance pay is 3 years from the date of dismissal. It is important to file a claim within this time period so as not to lose the right to compensation.
What happens if the employer closes the business or declares bankruptcy?
Even in case of business closure or bankruptcy, employees are entitled to severance pay. There are protective mechanisms such as the insurance fund of insurance companies that can cover the compensation.
How do unused vacation days affect severance pay?
Accumulated and unused vacation days constitute a separate right from severance pay, and should be claimed in addition to compensation. They are calculated according to the average daily salary.
Is a temporary employee entitled to severance pay?
A temporary employee is entitled to severance pay if they worked for a year straight or more, even if the work was through a manpower company. The entitlement depends on the actual duration of work and not on the type of contract.
What to do if the employer claims the dismissal was justified?
Even if the dismissal was justified, the employee is still entitled to basic severance pay. Only in exceptional cases of the most serious violations can the right to compensation be completely denied.
How do changes in job scope affect the calculation of compensation?
Severance pay is calculated according to the proportional part of the position in each period. If the position changed during work, the calculation will be made according to the scope of the position in each period separately.
Can you waive severance pay in advance?
You cannot waive severance pay in advance in the employment contract. Any such clause in the contract is considered null and void. Waiver of compensation can only be done after dismissal and under certain conditions.

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