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Old 30.09.2014, 23:13
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Employment rights lawyer

Have just been fired given 3 months notice but have to work it, cited disappointing performance, despite receiving an excellent performance review achieving overall 90%. No warnings prior, i would like to seek legal advice as to if i have a case for compensation. Any advice would be most welcome. Thanks in advance to those who can perhaps help
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Old 30.09.2014, 23:27
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Re: Employment rights lawyer

Save your money and put your efforts into finding a new job. There is little or no protection for workers here and you can be given notice without reason.
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Old 01.10.2014, 00:39
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Re: Employment rights lawyer

I agree with @runningdeer. Trying to fight it will be a waste of time and resources.

Save yourself unnecessary further angst and upset and put all your energies from now into getting another job.

Write this off as a bad life/work experience and try not to sweat it. Work out your notice with the utmost professionalism and ensure your behaviour is beyond reproach right up until the end.

Good luck and hope you find something soon!
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Old 01.10.2014, 01:32
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Re: Employment rights lawyer

I am an employment lawyer and will be happy to help. Well, not a professional but an avid hobbyist. There are no employment rights in Switzerland like there are in your country of origin. That 120k ain't looking so hot now, is it?
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Old 01.10.2014, 03:38
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Re: Employment rights lawyer

Search..."garden leave", you'll get the picture;

Switzerland is only one beer better than the USA when it comes to employment rights (a month garden leave versus total at-will employment).

All about Swiss labour laws http://www.homburger.ch/fileadmin/pu...LGELL_2012.pdf

Last edited by Roestigraben; 01.10.2014 at 03:48.
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Old 01.10.2014, 07:56
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Re: Employment rights lawyer

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Have just been fired given 3 months notice but have to work it, cited disappointing performance, despite receiving an excellent performance review achieving overall 90%. No warnings prior, i would like to seek legal advice as to if i have a case for compensation. Any advice would be most welcome. Thanks in advance to those who can perhaps help
How long have you been working there?
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Old 01.10.2014, 09:48
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Re: Employment rights lawyer

Not long if this post by the OP is anything to go by.

http://www.englishforum.ch/jobs-want...r-zh-area.html

Current contract was ending in August 2014 hence looking for a new position.
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Old 01.10.2014, 11:04
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Re: Employment rights lawyer

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Not long if this post by the OP is anything to go by.

http://www.englishforum.ch/jobs-want...r-zh-area.html

Current contract was ending in August 2014 hence looking for a new position.
Ahh, a nanny also, who seems to have about 10x less protection than normal workers jusdging from the stories you read. So... less than zero chance of any legal satisfaction.
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Old 01.10.2014, 11:43
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Re: Employment rights lawyer

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Save your money and put your efforts into finding a new job. There is little or no protection for workers here and you can be given notice without reason.
There are few indeed employment rights, but the employer must follow the law and any rules and procedures they have (which constitute your contract of employment) - otherwise they've broken contract law, which the Swiss tend to get pretty hot about.

So if they do give a reason (e.g. your performance isn't up to scratch), then it has to be valid. If the employee can point to (in this example) recent appraisals that say everything is fine, then the reason given isn't valid, and there may be some recourse. Therefore it may be worth the 200CHF or for a quick consultation with a lawyer, as it could result in a better leaving package.

Regardless, once you've reached this point, the job is over.
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Old 02.10.2014, 17:29
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Re: Employment rights lawyer

Due to OP's statement about the three months notice period, I would guess that it is extremely unlikely that any contract has been broken here as this is pretty much the most usual notice period.

Also, if OP indeed only started in August, I'm not sure what performance evaluation could have possibly taken place since then...

So I have no idea what "rights" OP is referring to. This is Switzerland, anyone can get fired at any point without a real reason and with no prior information or warning, as long as contractual notice periods are being kept. Simple as that.

Last edited by Samaire13; 02.10.2014 at 18:02. Reason: (fixed spelling)
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Old 02.10.2014, 18:02
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Re: Employment rights lawyer

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...This is Switzerland, anyone can get fired at any point without a real reason and with no prior inforamtion or warning, as long as contractual notice periods are being kept. Simple as that.
Except... if there are procedures, rules and or regulations that the employer has put in place, and these constitute part of your contract of employment - which is often the case for large employers - the manager must follow those rules/procedures/regulations, or risk the company being in breach of contract.

This is not hypothetical - this is based on real experience and inside knowledge (and payouts to head off a court-case). It's also why HR tend to like to be involved in such cases, to prevent managers damaging the company.
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Old 02.10.2014, 22:12
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Re: Employment rights lawyer

I work in this area for a multinational firm, and like all the other posters have already stated, they can fire you at any point in time without a reason. Well "I do not want him to work here" is reason enough.

If they want you to work the 3 months, and you want to get back at them, then be "sick". Being fired is trauma enough, and your family doctor will give you a note.

The reference letters given here in Switzerland are a joke. They have to be positive. My wife worked with a guy who was caught stealing money from the till, and he had a job a few weeks later - it does not matter, so just go all postal on them.

Having said that, have some pride, do the right thing and use it to your advantage. You will probably find a better job that is a better fit for you.

Last edited by WilliamTell; 02.10.2014 at 22:15. Reason: spelling
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Old 02.10.2014, 22:40
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Re: Employment rights lawyer

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Except... if there are procedures, rules and or regulations that the employer has put in place, and these constitute part of your contract of employment - which is often the case for large employers - the manager must follow those rules/procedures/regulations, or risk the company being in breach of contract.

This is not hypothetical - this is based on real experience and inside knowledge (and payouts to head off a court-case). It's also why HR tend to like to be involved in such cases, to prevent managers damaging the company.
Sure, but I've worked in both big and small companies, in HR, and yes, the above might apply to big companies, but those make up for a very small part of all companies in Switzerland. And even there, all that regulations and procedures do is make the firing process longer - but you can still get rid of anyone you want to get rid of. There's a million and one possibilities - throw in a performance issue (you can find one with EVERYONE) or some restructuring exercise even on a very small scale - and that's all it takes. No problem at all. And I have yet to see a small- or even mid-sized company that has to follow any procedures.

Also, I understand she worked as a nanny and since August only, so no big company and even during (probably unofficial) notice period. Zero problem firing her. Note that this is an interpretation based on OP's other thread.
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Old 02.10.2014, 22:53
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Re: Employment rights lawyer

Thanks everyone, however, i am not referring to myself but to my husband! Sorry for confusion and many thanks to everyone for their comments. HR are now handling the case
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Old 03.10.2014, 01:02
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Re: Employment rights lawyer

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Have just been fired given 3 months notice but have to work it, cited disappointing performance, despite receiving an excellent performance review achieving overall 90%. No warnings prior, i would like to seek legal advice as to if i have a case for compensation. Any advice would be most welcome. Thanks in advance to those who can perhaps help
Don't waist any money on a lawyer as they won't be able to help you with this except other than line their own pockets. Your company has complied with the Swiss employment law regardless of your previous reviews. It sucks, I know but that's how they work here. It's the passive/aggressive nature meant to knock you off your center of gravity, the way they roll...
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Old 03.10.2014, 08:43
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Re: Employment rights lawyer

Sorry to hear what has happened and am afraid that lawyers won't be able to help you. You have no legal means of getting satisfaction in such situations in Switzerland.
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Old 03.10.2014, 08:54
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Re: Employment rights lawyer

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Thanks everyone, however, i am not referring to myself but to my husband!
It took you 2 days to give that wee nugget of info Sorry, but...
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Old 03.10.2014, 10:10
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Re: Employment rights lawyer

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Have just been fired given 3 months notice but have to work it, cited disappointing performance, despite receiving an excellent performance review achieving overall 90%. No warnings prior, i would like to seek legal advice as to if i have a case for compensation. Any advice would be most welcome. Thanks in advance to those who can perhaps help
the only thing i would try to get is agreement on the work certificate to ensure it doesn't say 'sacked for poor performance'.
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Old 03.10.2014, 12:29
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Re: Employment rights lawyer

Not sure about Switzerland, the similar situation happened to one my friends in London, got fired for the reason of poor performance but she always received good reviews and the selected one who went to leadership training. She fould a lawyer to fight for her right, in the end, she got some compensations out of it.
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Old 03.10.2014, 13:44
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Re: Employment rights lawyer

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Not sure about Switzerland, the similar situation happened to one my friends in London, got fired for the reason of poor performance but she always received good reviews and the selected one who went to leadership training. She fould a lawyer to fight for her right, in the end, she got some compensations out of it.
Good for your friend. Unfortunately, this isn't the UK and it doesn't work like that here...
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