Labor & Employment Law · Misconduct and Sanctions
FIRST.— You’ve been sanctioned or suspended
A written warning, a suspension of pay and duties, an accusation you’re not even sure is real or made up. Before you accept it, it needs to be reviewed.
SECOND.— What I always check
- Proportionality: the sanction has to match the seriousness of the offense. They can’t suspend you for a week over being late once
- Proper procedure: they’re required to notify you in writing, with the specific facts and the date. If they get this wrong, the sanction can be challenged
- Deadlines: the company only has a limited window to sanction you from when they became aware of the facts — 60 days from when they found out, or 6 months from when it happened. If they’ve missed that window, the sanction doesn’t hold up
- Accuracy: is what they say you did actually true? Do they have real evidence, or just their word?
THIRD.— What you can do
- Challenge the sanction before the Labor Court
- Get it overturned in full or in part
- If it’s an unfair disciplinary dismissal, claim the severance you’re owed
If you’ve been dismissed, you have 20 working days to act, no exceptions. For other sanctions (warnings, suspensions), the deadline is longer, but don’t let it slide: the sooner you act, the easier it is to gather evidence.
FOURTH.— Shall we talk?
If you’ve been sanctioned and think it’s unfair, let’s review it.