Legal Advice: My team doesn't want me anymore
Completely unexpectedly, IT employee Hans is told that his employer wants to get rid of him. There were never any complaints and he always got positive reviews. Is that allowed just like that?
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To his utter surprise, his employer Hans announced shortly before the Christmas holidays that he did not want to continue with him. The reason? His team members definitely don't want to work with him anymore. His employer does not want to tell him why that is the case. Hans is perplexed. Never before has he received complaints from his colleagues or employer. He has enjoyed working as an ICT employee at a VMBO for years. He always received positive reviews from his employer.
Redundancy scheme
Hans does not agree with the course of events and immediately contacts the legal service of the AOb. A lawyer talks to Hans about his wishes. Talk about a redundancy scheme, as his employer wants, or find a solution to the problem with his team members. Of course there will be difficult conversations, but it is possible, even if his employer has apparently not yet considered this possibility.
If there are problems within a team, an employer must first try to solve them. Mediation is a means for this. Mediation is intended to make problems negotiable and to look for a solution to the problems together with an independent third party. Moreover, dismissal without attempting to solve the problems that have arisen can put an employer in a difficult position if it comes to legal proceedings. The employer therefore also has an interest in finding a solution.
Tricky conversation
A AOblawyer meets with Hans and his employer. It will be a difficult conversation. It is difficult to convince the employer of the usefulness of mediation. Can this work now that the other team members have so many reservations about the person Hans?
A few days later the conversation turns out to have paid off. Hans's employer wants to try mediation. After a few conversations, however, returning to the old team appears not to be feasible. Because there was nothing to criticize about the quality of his work and commitment, Hans's employer is looking for other suitable work within the board. That works and Hans has now resumed his activities to the satisfaction of both parties.
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