I would like to file a lawsuit regarding unfair dismissal.

Hello, this is a Daegu attorney.

In your case, if you were pressured to resign and even confirmed that a replacement had been lined up, this amounts to the employer effectively forcing your resignation, and there is a possibility that it constitutes unfair dismissal.

Unfair dismissal is the dismissal of a worker by the employer without a justifiable reason or procedure, and even if a letter of resignation has been submitted, it is regarded as a dismissal when it was coerced against the worker's will.

The grounds on which unfair dismissal is recognized include the employer's indirect inducement of resignation, such as exclusion from work, coercion of a recommended resignation, and the lining up of a successor, and the law also prohibits dismissal on grounds such as sex, age, parental leave, and labor union activities.

For unfair dismissal litigation, you must prepare the employment contract, the contents of conversations, recordings of phone calls, and circumstantial evidence regarding the situation before and after your resignation.

You may also file an application for remedy with the Labor Relations Commission or a lawsuit for confirmation of nullity of dismissal with the administrative court.

If a judgment upholding the claim is rendered in that lawsuit, the dismissal becomes null and void, and you can claim reinstatement to your original position along with the wages for the dismissal period.

For an accurate legal response, it is important to establish a strategy with the assistance of a Daegu attorney.

A Daegu attorney at the law firm provides the following assistance for clients.

▷ Collecting circumstantial and physical evidence that can prove the fact of unfair dismissal : securing key evidence related to resignation pressure, such as text messages, emails, recordings, and messenger records
▷ Representing you in the application for remedy to the Labor Relations Commission and conducting the litigation procedure : accompanying you through the entire process, from preparing the application for remedy to making statements at hearings
▷ Filing a lawsuit for confirmation of nullity of dismissal and claiming wages : claiming reinstatement to the original position and unpaid wages through litigation in the administrative court
▷ Representing you in a criminal complaint and a petition : supporting you even in pursuing criminal liability for violations of the Labor Standards Act or unjust measures by the employer

Unfair dismissal is not merely a matter of leaving a job but a serious matter that threatens one's livelihood.

As the initial response can determine the outcome, we recommend that you prepare a strong and systematic response through professional legal assistance.