Employment law is an extremely complex and constantly changing field, and a lack of knowledge can have serious consequences.
It governs relations between employers and employees within a legal framework that is constantly changing, often technical, and a frequent source of disputes. Contested dismissal, alleged harassment, non-payment of overtime, accidents at work:
each situation requires a rigorous reading of the Labour Code and its implementing provisions.
In this context, hiring a solicitor specialising in employment law allows you to anticipate legal risks, secure HR management decisions and, if necessary, ensure a strategic defence before the competent courts (labour tribunals, courts of appeal, administrative courts for public officials).
Whether it is a simple request for advice or an ongoing dispute, it is essential to identify the right moments to seek legal expertise. This article aims to clarify these key moments and provide concrete guidance to professionals and employees facing difficulties.
Why call on a solicitor specialising in employment law?
Calling on an employment law solicitor is not limited to managing a dispute. Their intervention is also part of a process of prevention, legal security and strategic support.
Here are the main roles they fulfil:
1. Corporate solicitor
● Advisor: upstream, the solicitor analyses the sensitive clauses of employment contracts, collective agreements or internal regulations. They warn of the risks associated with certain decisions (disciplinary sanctions, early termination of contract, modification of the employment contract, etc.).
● Assistance : during proceedings, they support the company in implementing the formal steps (preliminary interview, drafting letters, negotiating termination, bringing the case before the labour court).
● Defence : in the event of a dispute, the specialist solicitor represents the company before the courts. They develop an appropriate strategy, produce supporting documents, draft conclusions and present arguments.
This threefold role — advice, support and litigation — enables employers to make secure HR decisions. At every stage, the objective remains the same: to reduce exposure to legal risk.
2. Employee solicitor
Certain events should immediately alert an employee to the need to seek the assistance of an employment solicitor. As a preventive measure, as soon as tensions arise or there is a significant change in the employment relationship, it is advisable to seek advice in order to anticipate any potential employment litigation.
A pre-dismissal interview, a refusal to grant a pay rise deemed discriminatory, or an internal report of moral or sexual harassment are all high-risk situations. The same applies when an employment contract is modified unilaterally, or when sick leave gives rise to abnormal pressure.
The intervention of a specialised solicitor makes it possible to establish a legal framework for the facts, assess the strategy to be adopted, and limit the economic, social and reputational consequences of the dispute.
3. Solicitor for executives
● Advice on status: the solicitor analyses and secures the status, particularly in the case of regulated employees or those with a management package (BSPCE, free shares, etc.).
● Contract negotiation: the solicitor is involved in the negotiation, drafting or revision of the employment contract (bonuses, special clauses, competition), taking into account the specific characteristics of senior executives.
● Management of departures: in the event of contract termination (dismissal, negotiated departure, contractual termination), the solicitor oversees the negotiation of the financial settlement, the tax and social security aspects of the compensation, and risk management.
● Representation: in the event of a dispute, the solicitor defends the executive’s interests before the competent courts, both in labour and criminal proceedings.
How to choose the best employment lawyer?
Choosing an employment lawyer should not be left to chance. It involves short- and long-term strategy, whether to prevent a dispute or to manage its consequences before the social courts.
Here are the essential criteria to consider:
● Specialisation: check that the solicitor practises exclusively in this field. This expertise is essential when dealing with technical and constantly evolving legislation.
● Experience in similar cases: a solicitor who has already handled cases of redundancy, complex contractual termination, or moral harassment will be better able to anticipate the opposing arguments and build an appropriate defence.
The ability to listen and provide strategic advice: beyond the law, a good solicitor is one who understands the human, social, and economic issues at stake in the case. They must know how to ask the right questions and make clear recommendations.
● Professional reputation: references, recommendations, training, published decisions… There are several indicators that can be used to assess the quality of case management and recognition by peers.
● Availability and transparency regarding fees: effective collaboration is also based on a relationship of trust. The solicitor must indicate their rates at the first meeting and clearly explain their terms and conditions.
● The ability to respond quickly and provide concrete solutions in often urgent and high-profile situations.
● Tenacity and persuasiveness: a talent for firmly defending the client’s interests in tough negotiations or high-stakes litigation.
Finally, for employers, choosing a firm that is accustomed to advising companies over the long term can help avoid recurring disputes by securing HR procedures at the source.
Disputes handled by employment lawyers
An employment lawyer handles a wide range of disputes between employees and employers before the labour court or other social courts. Their field of action covers both individual and collective relations.
Among the main types of disputes handled are:
● Unfair dismissals for personal or economic reasons, without real and serious cause: challenging the reason given, procedural irregularities, requests for reinstatement or compensation (Labour Code, Art. L1235-3).
● Contested contractual terminations: defects in consent, pressure exerted, failure to comply with the withdrawal period (Labour Code, Art. L1237-14).
● Moral or sexual harassment: assistance in compiling the case file, internal investigation, reporting to the employer, referral to the CPH (Public Health Committee), coordination with the labour inspectorate (Labour Code, Art. L1152-1 and L1153-1).
● Disputes relating to working hours, overtime, on-call duty or compensatory rest.
● Collective disputes: disputes over professional elections, strikes, collective agreements, job protection plans.
● Non-payment of wages, bonuses, end-of-contract compensation.
These situations require a detailed analysis of the facts, applicable legislation and recent case law. The assistance of a competent solicitor makes it possible to challenge the procedure, determine the compensation to which the employee is entitled and manage the dispute.
At each stage, the role of the specialised solicitor is to identify any irregularities and, if necessary, to lodge an appeal in accordance with the formal requirements and time limits laid down by law, and/or, where appropriate, to conduct negotiations.
Fees and costs
The fees charged by a labour law solicitor vary according to several objective criteria, depending on the complexity of the case, the time spent and the expertise required. In accordance with Article 10 of Law No. 71-1130 of 31 December 1971, they must be set by mutual agreement with the client, by means of a written fee agreement.
Three pricing methods are used:
● The hourly rate, generally between €350 and €450 excluding VAT per hour, depending on the solicitor’s experience and the location of the firm.
● A fixed fee, often used for specific tasks (e.g. reviewing a contract, representing a client at a preliminary interview).
● A contingency fee, calculated as a percentage of the sums obtained or saved (often between 8% and 15%), in accordance with the ethical rules set by the RIN.
Acting alone in a labour dispute can be risky. On the other hand, seeking assistance at the first warning signs allows you to make the right strategic choices and avoid lengthy and costly litigation.
The fees charged by a labour lawyer depend on the complexity of the case, the billing method (flat fee, hourly rate, contingency fee), and the reputation of the law firm. A fee agreement is mandatory and must be signed before any work is undertaken.
