Services

Employment litigation - Employment law

 

The firm defends and advises its clients in employment law issues, including:

  • all kinds of litigation before the industrial tribunal;
  • negotiating departures
  • drafting and reviewing employment contracts;
  • issues relating to restrictive practices;
  • individual profit-sharing schemes;
  • etc.

The firm has developed solid expertise, particularly in:

  • litigation before industrial tribunals following breach of employment contracts;
  • termination, including by legal means, of employment contracts (conventional termination, notification of termination or terminating through legal means);
  • negotiating, drafting, reviewing, withdrawing or neutralising restrictive practices clauses between companies and their key employees;
  • litigation involving non-competition clauses.

 

Sample cases:

  • Litigation before industrial tribunals (regulation):
    • defending international engineering groups that distribute medical materials and computer services, etc.;
    • obtaining compensation equivalent to 3.5 years' worth of salary in favour of the communication manager of an international dye manufacturing company, the employee having worked there for 3.5 years. The ruling was preceded by an initial phase of counselling and assistance, followed by the acknowledgement of the contract termination to the expense of the employer;
    • obtaining compensation equivalent to 9 months' worth of salary in favour of a director within a international distribution group, the employee having worked there for 9 months;
    • obtaining compensation equivalent to 17 months' worth of salary in favour of a manager in charge of corporate clients within a computer security software editing company, the employee having worked for 3.5 years;
    • obtaining compensation equivalent to 12 months' worth of salary in favour of a recruitment manager within an international company operating in the Internet field, the employee having worked for 3 years;
    • etc.
  • Negotiating executive departures:
    • advising an international group that manufactures high precision medical equipment: negotiating the departure of the marketing and commercial manager following a conflict with his superiors, the employee having been away on sick leave;
    • advising an international air conditioning products group: negotiating the departure of a sheltered executive, in the absence of sound and serious reasons for redundancy;
    • advising a computer group: negotiating the departure of the commercial director;
    • advising an executive manager of an international engineering group, not threatened by redundancy, but whose position in the organisational chart was leading nowhere: negotiating departure including compensation equivalent to 2 years' worth of salary, the employee having worked there for three years;
    • advising an executive manager of a biotechnology firm: negotiating the departure and promise to implement a management package implementable in the event of a fund raising, and mandatory implementation of the promise;
    • etc.
  • Restrictive pratices clause:
    • advising employers or key employees: negotiating the withdrawal or review of restrictive practices clauses for clients with activities in the fields of printing, pharmaceutical products, computers, etc.
    • advising the former employees of a pharmaceutical company in connection with the creation of a rival company: negotiating the withdrawal of restrictive practices clauses in the employment contracts, choice of activities, clients and commercial agreements to reach in order to comply with rules of fair competition;
    • defending executive managers, sales executives or engineers charged with breach of restrictive practices clauses in relation to distribution of mass consumer products, propulsion systems, etc.;
    • etc.

These are only a sample of the cases we handle in this field.

ALYANAKIAN AVOCATS - 3 avenue MOZART - 75 016 PARIS - FRANCE | Tel : +33 (0)1 45 25 45 78 | Fax : +33 (0)1 45 25 63 90