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Old 24.05.2019, 12:48
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Suing my current employer

is there a professional lawyer that can discuss this case with me ofcourse i am insured but before any formal process i would like to discuss this informally


thanks
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Old 24.05.2019, 13:06
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Re: Suing my current employer

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is there a professional lawyer that can discuss this case with me ofcourse i am insured but before any formal process i would like to discuss this informally


thanks
Google Anwalt Arbeitsrecht Zug.

And keep in mind that the bigger the company, the more lawyers they have and the more expensive it will be. Apart from the fact that people here donīt sue that much as in other countries.
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Old 24.05.2019, 13:12
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Re: Suing my current employer

thanks roegner,


I have a few questions before visiting them, i am not sure if i should post them online as me and the company will be easily identified, are you a professional lawyer, can you spend 2 minutes of your time ?
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Old 24.05.2019, 13:13
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Re: Suing my current employer

I''d change the location in your profile if I where you
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Old 24.05.2019, 13:16
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Re: Suing my current employer

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I''d change the location in your profile if I where you



Thanks blue, but i am not from zurich
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Old 24.05.2019, 13:30
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Re: Suing my current employer

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thanks roegner,


I have a few questions before visiting them, i am not sure if i should post them online as me and the company will be easily identified, are you a professional lawyer, can you spend 2 minutes of your time ?
Sorry, no, am not a lawyer.
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Old 24.05.2019, 13:41
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Re: Suing my current employer

What is it about:
Mobbing, unfair treatment, not paid, unfair dismissal, bad reference letter?

Most labour related issues have to be first brought to an arbitration panel, only then can you sue.

Some cantons labour courts or bar association of free legal advice (max. ~15 minutes).

Lots of information: https://www.ch.ch/en/labour-disputes/
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Old 24.05.2019, 13:44
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Re: Suing my current employer

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What is it about:
Mobbing, unfair treatment, not paid, unfair dismissal, bad reference letter?

Most labour related issues have to be first brought to an arbitration panel, only then can you sue.

Some cantons labour courts or bar association of free legal advice (max. ~15 minutes).

Lots of information: https://www.ch.ch/en/labour-disputes/



unfair treatment
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Old 24.05.2019, 13:59
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Re: Suing my current employer

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unfair treatment
I am sorry. But in that case it is best to simply look for a new job and once found leave the old place forever behind.

The likelihood, that there is an actual case, breach of Swiss law is rather slim.
That you can actually prove it is even slimmer.
That you can win the case in court slimmer than that.
And even if you win that you will financially break even in the end is very, very small.

Just a simple question: What do think should and will happen if you win your case in court?
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Old 24.05.2019, 14:09
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Re: Suing my current employer

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is there a professional lawyer that can discuss this case with me of course i am insured but before any formal process i would like to discuss this informally
No formal process will begin until you instruct the lawyer to begin proceedings, so it really does not matter which lawyer you talk to, just Google one.

That said, there is very little labour law in Switzerland and that means two things - don't expect a big win and don't expect a specialist lawyer, there is just no incentive to specialise in this area.

In most cases the solution is to suck it up while you find a new job.
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Old 24.05.2019, 14:13
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Re: Suing my current employer

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I am sorry. But in that case it is best to simply look for a new job and once found leave the old place forever behind.

The likelihood, that there is an actual case, breach of Swiss law is rather slim.
That you can actually prove it is even slimmer.
That you can win the case in court slimmer than that.
And even if you win that you will financially break even in the end is very, very small.

Just a simple question: What do think should and will happen if you win your case in court?



The company is not owned by my manager, it is a public limited company where i have also the shares of the company, i have collected very reliable evidences, i cannot share them online however i believe i have a stong case, if i win can i expect a cash payout ?
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Old 24.05.2019, 14:15
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Re: Suing my current employer

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The company is not owned by my manager, it is a public limited company where i have also the shares of the company, i have collected very reliable evidences, i cannot share them online however i believe i have a stong case, if i win can i expect a cash payout ?
no one can answer that with the info you've given.
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Old 24.05.2019, 14:15
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Re: Suing my current employer

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...
In most cases the solution is to suck it up while you find a new job.

How long we have to suck it up, in the previous post blue suggested to change my location, there is so much fear for employers, i am done with this and i am ready to fight for my right
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Old 24.05.2019, 14:18
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Re: Suing my current employer

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How long we have to suck it up, in the previous post blue suggested to change my location, there is so much fear for employers, i am done with this and i am ready to fight for my right
news flash, employee's don't have so many rights here

I've been here 14 or so years now, worked for all the biggies, lots of expat friends in just about every international company here, and I've never seen or heard of any employee taking their employer to court, and I've seen *really* bad employer behaviour!
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Old 24.05.2019, 14:21
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Re: Suing my current employer

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i am done with this and i am ready to fight for my right

...to paaaaaarty!


Sorry, I know this is serious, but I really couldn't resist. Please forgive me.
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Old 24.05.2019, 14:22
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Re: Suing my current employer

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news flash, employee's don't have so many rights here

I've been here 14 or so years now, worked for all the biggies, lots of expat friends in just about every international company here, and I've never seen or heard of any employee taking their employer to court, and I've seen *really* bad employer behaviour!

some one has to be the first, the name of the company is at stake and i have nothing to lose
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Old 24.05.2019, 14:22
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Re: Suing my current employer

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if i win can i expect a cash payout ?
Most likely not. May be a few francs to cover part of lawyers cost. Most importantly the court will instruct the employer that X should not happen again do you. What ever X is in your case. After that it is assumed that X won't happen again and everyone lived happily ever after. If you have already changed to a new workplace X can't happen again, so your win in court is mostly worthless.
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Old 24.05.2019, 14:24
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Re: Suing my current employer

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the name of the company is at stake and i have nothing to lose
another news flash, its not and you do
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Old 24.05.2019, 14:27
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Re: Suing my current employer

PS: PM me the canton where you actually live and I will send you the place where you can get a free legal advice. You will have to prepare yourself and make it brief and clear. Most important questions you should asks there:
- Do I have a case?
- What would change, is my "profit" if I win the case?
- How can I proceed?

Last edited by aSwissInTheUS; 24.05.2019 at 14:37.
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Old 24.05.2019, 14:28
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Re: Suing my current employer

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How long we have to suck it up, in the previous post blue s


uggested to change my location, there is so much fear for employers, i am done with this and i am ready to fight for my right



This is Switzerland so you might not have any right. When I had a problem in Basel there was actually quite a lot of free/nominal fee advice at hand and one place gave me an A4 sheet with lawyers specialising in employment law and even recommended some from that list.


I'm surprised you haven't had the "whatever you did you surely deserved it" comments yet as this would be usual on this forum.


Just because you're told you won't win doesn't mean that you can't.
Generally, one sues for loss so you would need to quantify the loss and probably also show that you've tried to mitigate that loss, but that might only apply in more civilised countries. If you're owed money then you could very well be successful. If you want compensation for unjustly not being allowed to work from home then your chances are much less.
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