The policy of the law firm “DE-JURE” is focused on the pre-trial settlement of labor disputes related to problematic dismissals.
to the lead lawyer
Reaching an amicable agreement between the employer and the employee helps avoid a lawsuit and the employer’s obligation to pay the employee’s average wage for the entire period of dispute resolution, which as of 2026 may last from six months to one year.
A dismissal is considered problematic when it is executed with procedural or legal violations by the employer. For example, an employee may be dismissed for absenteeism, although there is evidence that they were present at the workplace on that day. The employer may also fail to pay termination-related vacation compensation or withhold certain amounts, unjustifiably claiming that the employee owes them money. Another example is the unlawful dismissal of employees belonging to protected categories (such as combat veterans, pregnant women, or persons with disabilities). In such cases, the employee may file a lawsuit to be reinstated and to recover their average salary for the entire period of forced unemployment.
The purpose of a lawyer in pre-trial protection of the employer in labor disputes is to minimize compensation payments related to dismissal. This means either proving that the dismissal was lawful and preventing the employee’s reinstatement, or avoiding additional expenses such as payment of average wages for the entire period of forced absence from work.
Peaceful resolution may be facilitated through labor dispute mediation or negotiations with the employee, with the aim of preventing complaints to the State Labor Service or filing a court claim. It is important to reduce the level of conflict and take into account the psychological state of the parties so they can act rationally.
For example, if the employer failed to make proper payments upon dismissal but is willing to compensate 70–80% of the amount immediately, it may be reasonable for the employee to accept such an offer. This can be more rational than a court process lasting about a year, resulting in a judgment that may still be difficult to enforce due to lack of funds at the company.
However, in most cases, the matter still involves court representation, where a “DE-JURE” attorney collects and prepares evidence, defends the employer, and seeks to prove that the dismissal was lawful and that there are no grounds for recovery of payments from the employer.
A lawyer’s consultation on “problematic” dismissals may take place at different stages — both before the dismissal is carried out and after it has already been formalized. However, cases where an employer is looking for grounds for dismissal and requests assistance in creating a situation that would force an employee to violate their duties are generally not handled by the “DE-JURE” firm.
At the same time, if an employee has indeed committed a violation, a labor law attorney can help the employer properly formalize the dismissal, assess risks, and avoid mistakes. For this purpose, the client must explain which documents, rules, or internal regulations were violated, how exactly the violation occurred, and whether the employee had any valid reasons for such conduct. Analysis of these circumstances helps determine whether there are realistic legal prospects for court protection, since in most cases a dismissal is followed by a lawsuit from the employee.
If the dismissal has already taken place and the employer has made mistakes, the lawyer explains that the employer is in a weak position in potential litigation, and therefore it is advisable to seek an amicable settlement with the employee at the pre-trial stage.
The first recommendation a lawyer gives to an employer during a consultation on a “problematic” dismissal is to prevent the leakage of internal regulations and orders that the employee could use as evidence. HR documents related to the employee (employment contract, job description, internal policies, dismissal order) should be provided to the lawyer for review.
Depending on the circumstances, the employer should also provide documents prepared before the dismissal, such as a record of absenteeism. The lawyer must assess who prepared and signed it, how it was executed, and whether the signatories are willing to testify in court and confirm the circumstances of the absence.
After the lawyer reviews the client’s position in the labor dispute, analyzes the documents, and evaluates the chances of success in court, they propose pre-trial resolution tools. If the client is a dismissed employee, these typically include a formal legal claim to the employer or a complaint to the State Labor Service.
If the employer is the client, they are advised to negotiate with the employee and attempt to reach a compromise — for example, changing the wording of the dismissal and paying a bonus instead of reinstating the employee by internal order.
If representatives of the State Labor Service visit the company, the lawyer provides support during the labor inspection.
At the request of either party, labor dispute mediation may be conducted with the participation of a neutral third party. As a result of mediation or negotiations, a written agreement is prepared and signed by both parties to the dispute.
In many cases, a labor dispute is purely emotional in nature and arises due to interpersonal relationships between the person making the dismissal decision and the employee. Pre-trial settlement is aimed at reducing the emotional tension between the parties so they can jointly reach a rational solution.
If the employer understands that there are no valid grounds for dismissal and that involvement in court proceedings will lead to additional costs in the form of compensation payments (which, incidentally, may later be recovered from the company), they are more likely to allow the employee to resign voluntarily and pay a bonus rather than allow the case to proceed to court with uncertain prospects.
If, however, the employee has indeed committed a serious violation that led to the dismissal, the lawyer helps properly establish and document the disciplinary misconduct.
The cost of pre-trial legal support for the employer is typically calculated on an hourly basis.
| Legal consultation in Odesa on pre-trial protection of employer’s interests in problematic dismissals | 2000 UAH |
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