# Suing Former Employer - Need advice



## RuthR (Mar 27, 2017)

Hello Expats!

Has anyone here had success suing their former employer even though being let go during their probation period?

I was brought in from another country after a lengthy hiring process only to be fired within less than 4 weeks. I've hired a lawyer and their lawyer is not willing to negotiate. 

This feels like a David & Goliath situation, a gamble but I am determined to sue for extraordinary neglect and bad business practices.

Anyone have experience with this?

Thanks...


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## Bevdeforges (Nov 16, 2007)

Employment here in Europe is subject to different types of laws than back in the US. And generally speaking, if you're terminated during the probation period, the employer doesn't need to have a "reason." That's related to the fact that, once through your probation period, it can be very difficult (and usually rather expensive) to let someone go for any reason if they are on an "indefinite" duration contract (i.e. a "permanent" job).

I managed to get a "severance" from an employer (in Germany) who let me go right at the end of my probation period - but there were a number of "special circumstances" involved, which were related to German labor law.

One small caution here - in some European countries, if you take a legal action against your employer for letting you go, your most likely outcome should you be successful is that you will have your job back. There aren't usually monetary damages paid out - "wrongful termination" is corrected by reinstating you in the position from which you were terminated. Just be sure that's the sort of outcome you'd want before you pursue the legal action.
Cheers,
Bev


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## RuthR (Mar 27, 2017)

*wow*

thanks bev,

yes technically they skated in under the deadline. but my lawyer thinks they violated a law stating they must be a 'good employer' and also offered to keep me as freelance doing some of the same things they hired me for so... there is a chance i could be seen as 'in the right' but it is a gamble. i am already out of pocket a lot of money because i moved to the netherlands for the job and was highly encouraged to get settled as soon as possible even during the probation period.

wondering if anyone has fought this and won or if the netherlands adheres to contracts like they're the word of god?


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## Bevdeforges (Nov 16, 2007)

What, exactly, are you suing them for? (Like, severance, reimbursement of your out of pocket costs, or reinstatement?) I guess that's the key thing. You could, I suppose, get back some or all of your relocation and hiring costs that you paid out of pocket (which is, to a certain extent, what I did in Germany). You also need to consider the type of contract you were hired on. Generally speaking you should have an explicit contract - even if it's just the default contract in local labor law - which spells out whether the job is limited term or indefinite term, salary level to start and notice and severance arrangements in event of termination on either side.

In my case, I consulted with a lawyer, who advised me how the labor law worked. Basically, she told me how I could react so that they HAD to reinstate me on a permanent contract (which is definitely NOT what I wanted at the time). What I wound up doing was pushing for reimbursement of my out of pocket costs from my hiring and relocation (and threatening to go through the US parent company, if necessary). They came back and offered me a "severance" that was probably a bit more than what I had been asking for in reimbursement. It was a bit more complicated than that - but in any event, I didn't have to go to court over it.
Cheers,
Bev


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## RuthR (Mar 27, 2017)

*suing for*

"severance, reimbursement of your out of pocket costs" is about it. i would be happy to rejoin them as the team itself is wonderful and full of talented people. however that is not on the table. i'd like to not be fighting anyone but the costs and potential damage to my professional life is severe.


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## expat16 (Jun 11, 2016)

You can try the Juridische Loket https://www.juridischloket.nl/

They are present in every city I believe, and they give free advice.

Regarding contract interpretation, I think the reasons for the termination would come into play. You might be able to show there was a misrepresentation / bad faith perhaps.

You are right this is a David and Goliath situation and in law the relevant principle is that of equality of arms.


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