Case Overview
Our client was a startup company.
After reaching a mutual agreement with a problematic employee and completing the departure process amicably, the company was blindsided when the former employee filed a complaint with the Ministry of Employment and Labor alleging unfair dismissal. Uncertain about how certain statements and actions around the time of departure might be interpreted, the company came to us for help.
How We Helped
The case came down to one thing: demonstrating that this was a mutual termination the employee had agreed to — not a unilateral dismissal by the company.
We organized the full sequence of events, submitted a formal attorney's opinion explaining what the relevant statements and actions actually meant in context, and addressed the employee's claims regarding unpaid wages and leave, confirming that the company had acted lawfully throughout.
Result
The Ministry of Employment and Labor closed all complaint items through administrative disposition. A separate application for relief filed with the Labor Relations Commission had already been dismissed prior to our involvement.
Significance of This Case
Voluntary resignation and mutual termination agreements, even when properly handled, are frequently challenged after the fact. A single remark or action around the time of departure can end up being used as evidence of dismissal.
It is always better to seek advice before a dispute arises rather than after. If you are facing a similar situation, please do not hesitate to contact us.
This post is based on an actual case and has been prepared as a case study. Certain details have been anonymized to protect the identity of our client.
Case Overview
Our client was a startup company.
After reaching a mutual agreement with a problematic employee and completing the departure process amicably, the company was blindsided when the former employee filed a complaint with the Ministry of Employment and Labor alleging unfair dismissal. Uncertain about how certain statements and actions around the time of departure might be interpreted, the company came to us for help.
How We Helped
The case came down to one thing: demonstrating that this was a mutual termination the employee had agreed to — not a unilateral dismissal by the company.
We organized the full sequence of events, submitted a formal attorney's opinion explaining what the relevant statements and actions actually meant in context, and addressed the employee's claims regarding unpaid wages and leave, confirming that the company had acted lawfully throughout.
Result
The Ministry of Employment and Labor closed all complaint items through administrative disposition. A separate application for relief filed with the Labor Relations Commission had already been dismissed prior to our involvement.
Significance of This Case
Voluntary resignation and mutual termination agreements, even when properly handled, are frequently challenged after the fact. A single remark or action around the time of departure can end up being used as evidence of dismissal.
It is always better to seek advice before a dispute arises rather than after. If you are facing a similar situation, please do not hesitate to contact us.
This post is based on an actual case and has been prepared as a case study. Certain details have been anonymized to protect the identity of our client.