Understanding Redundancy: Seeking Guidance and Assistance

Dear Community,

I find myself in a challenging situation, and I’m reaching out to get a clearer understanding of how best to navigate a potential redundancy case that I believe has merit. I am currently represented by a lawyer specializing in labor law. During our initial consultation, he gave me the impression of being strongly supportive and aggressive, which actually influenced my decision to choose him out of ten different lawyers. We devised a strategy involving two options: Plan A, which would aggressively contest the redundancy, and Plan B, which revolved around negotiating the best possible settlement. However, I have recently noticed a surprising shift in his approach, and I’d like to discuss the situation further.

Initial Actions and Responses from HR

My lawyer has sent an email to the HR department requesting documentation pertaining to my dismissal, clearly stating that my redundancy is not acceptable based on the information available. Initially, everything seemed to be on track. However, rather than responding in writing, the HR department opted for a phone call, where they indicated a willingness to provide documentation proving my redundancy while highlighting their "generous" offer. Just five days later, the tone of the HR communication changed dramatically. They flatly refused to provide any social plan or documentation, stating with a finality that their offer is "ten times" the legal minimum and is non-negotiable as they do not wish to set a precedent for other employees.

This startling shift has left me feeling uneasy, especially as my lawyer seems to have softened in his stance. We had previously analyzed best and worst-case scenarios, along with a cost-benefit analysis, and ultimately, my lawyer placed the decision in my hands. He mentioned, “If you want to keep working in this company, it may make sense to push back on the redundancy through avenues like the UWV or court. However, if you don’t see a future here, it might be wise to accept their termination agreement.”

Dilemmas and Insights on Representation

It’s perplexing to me that a lawyer would advise their client to accept an initial offer without more stringent negotiation—especially when I suspect that the employer may not be fully compliant with legal norms (such as the principle of "last in, first out") and without having provided the necessary documentation to substantiate their claims of redundancy. I now feel as though I made a poor decision in selecting this lawyer and worry that switching representation could expose me to a perception of weakness within my employment environment.

Thus, I am seeking your honest opinions on this matter: Is their offer fair? I have many reservations about the legitimacy of the redundancy. Considering that I was on vacation when they welcomed two new team members into our group, I am left feeling confused about the reasons behind my dismissal. Additionally, one of my colleagues, who shares a similar profile to mine, has recently resigned, which further complicates the rationale for eliminating my position.

Points of Concern Regarding the Offer

Redundancy Clarity: They assert that my job is redundant, yet I know they hired two new team members while I was away on vacation. This situation raises serious questions about their claim and the validity of eliminating my position when another colleague has left. Shouldn’t that position be filled instead?
Redeployment and Internal Opportunities: The HR team claims they cannot redeploy me and that they have explored suitable alternative roles. However, they have not provided any evidence of their search efforts. I have not been presented with any other position within this large American multinational, nor given a chance to explore internal vacancies. How can I trust they genuinely looked to retain me?
Termination Indemnity Figures: They propose a termination indemnity of around €22,000 gross, stating that they are not obligated to provide additional payments like transitievergoeding or billijke vergoeding. Is this assessment accurate?
Outplacement Assistance: They are offering outplacement assistance, along with financial support for education and legal counsel, but the specifics remain vague. It’s critical to understand how these aids can assist me during this transition.
Future Bonuses and Payment Structure: They have indicated I will still receive performance bonuses and holiday allowances, which could be beneficial in the short term.
Employment Duration: I’ve been granted six months’ notice, meaning I will technically remain employed until August 31, which is a lengthy timeframe in this context.
Company Culture and Philosophy: There are broader restructuring changes happening within my company involving the termination of 70 other employees. I suspect this disproportionate action may stem from my differing alignment with the company culture, especially my remote work preference, which conflicts with their in-office policies.

Conclusion: Moving Forward

Given all these variables, I am left considering whether to fight for my rights or accept the current offer. I initially aimed to negotiate the financial indemnity to €41,000, equivalent to one year’s salary, but my lawyer dismissed this as "not admissible." I’ve been with the organization as a permanent employee for over a year, preceded by two years as a contractor, and willingly moved to the Netherlands for this role.

In light of the complexities in this scenario, I encourage you to understand how tools like AI Legalese Decoder could assist in this situation. By interpreting legal jargon and clarifying any ambiguities in the offer or the applicable labor laws, AI Legalese Decoder can provide invaluable insights and empower employees facing redundancy and their legal ramifications.

Thank you for taking the time to share your thoughts and any advice you may have. I truly appreciate it as I work through this challenging phase.

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