Employment law
A contested dismissal or a mutual termination to negotiate has a direct impact on your income and your career. Maître Carolina ALVAREZ PEGORARO, a lawyer in Lyon, advises you before you sign and defends you if a dispute arises.
She handles:
Dismissal
Every dismissal must rest on a genuine and serious cause and follow a strict procedure. Any breach may give rise to compensation.
A claim is brought before the employment tribunal by application. The case first goes before the conciliation and case management panel, which seeks an agreement. Failing that, it is decided by the trial panel.
If the dismissal is found to be without genuine and serious cause, compensation follows a scale set by the French Labour Code. The scale does not apply when the dismissal is declared null and void.
Mutual termination
Mutual termination rests on the agreement of both employer and employee. Neither can impose it on the other. Well negotiated, it secures your departure.
One or more meetings to set the terms of the termination.
Signing the agreement, which sets in particular the termination date and the specific indemnity, at least equal to statutory severance pay.
A 15 calendar-day withdrawal period for each party.
Approval by the labour authority, the DREETS, which has 15 working days to decide.
Your lawyer assesses the amount offered, helps you negotiate the terms and checks that your consent is free and informed. A mutual termination can be challenged within 12 months of its approval.
Preparing your file
A well-documented file strengthens your position from the very first appointment.
Why choose us
The right advice at the right time avoids many disputes.
FAQ
The key answers before you act.
As a rule, 12 months from notification of the dismissal. Some claims have different time limits, for example regarding wages or discrimination.
No. Mutual termination requires the free agreement of both parties. Pressure on the employee may justify challenging it.
Not at first instance. Representation becomes mandatory on appeal. A lawyer's help is still invaluable from the outset to quantify your claims and build your arguments.
The employee can be accompanied by a member of staff or, where there are no staff representatives, by an employee adviser. Your lawyer prepares you beforehand for this meeting.
Other practice areas
A situation often involves several branches of law. Maître ALVAREZ PEGORARO can also assist you in the following areas:
Criminal law: your criminal lawyer in Lyon assists you in police custody, when filing a complaint or when joining proceedings as a civil party.
Immigration law: your immigration lawyer in Lyon assists you with residence applications, administrative detention and administrative appeals.
Family law: your family lawyer in Lyon handles divorce, child custody, parental authority and child support.
Private international law: the firm handles your private international law matters in Lyon, including exequatur and the recognition of foreign judgments.
To learn more about your rights, read our legal articles. A question about your case? Book an appointment with your lawyer.
Testimonials
Dismissal or mutual termination: they describe the support they received.
Un service irréprochable, à l’écoute et professionnel. L’équipe a su comprendre exactement nos besoins et livrer un résultat au-delà de nos attentes. Je recommande vivement !
Excellent accompagnement du début à la fin. Communication fluide et délais respectés.
Très bonne expérience, je reviendrai sans hésiter. Merci pour votre réactivité !
Find us
Maître Carolina ALVAREZ PEGORARO sees clients by appointment at her office on rue de la Part-Dieu, in Lyon's 3rd arrondissement. Below you will find useful information to plan your visit.
Carolina ALVAREZ PEGORARO
