I have been hit with an unfair dismissal lawsuit; how should I respond?

Hello. This is a corporate attorney at Daeryun Law LLC.

An unfair dismissal lawsuit is a case in which the issue is whether the employer's dismissal satisfied both a 'justifiable reason' and 'procedural legality' under the Labor Standards Act.

According to the Labor Standards Act, when an employer dismisses a worker, there must necessarily be a reason that is substantial by social norms, and that reason must be notified in writing.

Therefore, the mere circumstance that the company's situation is difficult or that an employee's work performance fell short of expectations makes it difficult for the court to recognize the justifiability of the dismissal.

In the case of a small business, deciding on workforce restructuring under management pressure may be unavoidable.

However, what is important in an unfair dismissal lawsuit is 'how objectively that circumstance can be proven,' so specific evidence and compliance with procedures are key.

The worker's performance evaluation sheets, records of results, warning letters, and interview records can all be used as supporting materials.

In particular, if personnel regulations or disciplinary regulations exist, whether their procedures were complied with carries great weight in the court's judgment.

A dismissal must necessarily be notified in writing, and, in principle, advance notice of dismissal must also be given 30 days in advance.

In addition, if there are procedures prescribed in a collective agreement or the rules of employment, legality is recognized only when these have been followed.

If these procedures are omitted, even if the reason for the dismissal is justifiable, it may be judged an unfair dismissal due to a 'formal defect.'

If a lawsuit has already been filed, you must first closely review the complaint and then submit, within the deadline, an answer that organizes the company's position.

At this time, it is advisable to set out in detail the circumstances of the dismissal, the management conditions, the details of the worker's poor performance, and whether an opportunity to improve was given, and to submit the relevant materials together.

Because in an unfair dismissal lawsuit the employer must prove that 'there was a justifiable reason,' securing evidence becomes the very key to the defense.

The court can render a judgment ordering the worker's reinstatement or the payment of an amount equivalent to the wages for the dismissal period, where it judges that the dismissal was not justifiable.

Therefore, depending on the case, rather than prolonging the court dispute, you can also consider a strategy of early conclusion through a settlement or conciliation procedure within a reasonable scope.

At Daeryun Law LLC, legal professionals such as corporate attorneys, civil litigation attorneys, administrative attorneys, and labor consultants who have handled many lawsuits related to unfair dismissal and disciplinary dismissal personally analyze the case and present a strategy suited to the company's situation.

In addition, we provide systematic advice so that, at the initial response stage, you can structure the justifiability of the dismissal reason, reinforce the legal basis for a dismissal for managerial reasons where necessary, and simultaneously prepare for the court and labor relations commission procedures.

From your standpoint, we will closely review the cause and circumstances of the case and support you not only in responding to the lawsuit but also in advising on the organization of employment contracts and personnel regulations so that the same dispute does not recur in the future personnel management process.

Because, given the nature of the case, the judgment at the early stage determines the future outcome, we recommend that you proceed with a consultation with an attorney at an early date.