I was sued for wrongful termination — how should I respond?

Hello. This is the corporate specialist attorney from Daeryun Law Firm.

A wrongful termination lawsuit is a case where the issue is whether the employer's dismissal under the Labor Standards Act satisfied both 'justifiable reasons' and 'procedural legality'.

Under the Labor Standards Act, an employer must have substantial reasons under social norms when dismissing a worker, and must notify the reasons in writing.

Therefore, the court is unlikely to recognize the legitimacy of the dismissal merely because of the company's difficulties or because the employee's job performance fell short of expectations.

For small businesses, deciding on workforce restructuring under management pressure may be unavoidable.

However, what matters in a wrongful termination lawsuit is 'how objectively those circumstances are proven,' so specific evidence and procedural compliance are key.

Worker job evaluation sheets, performance data, warning notices, interview records, and the like can all be used as basis materials.

In particular, if there are personnel regulations or disciplinary regulations, whether those procedures were complied with takes a large weight in the court's judgment.

Dismissal must be notified in writing, and dismissal notice must in principle be given 30 days in advance.

In addition, if there are procedures stipulated in collective agreements or rules of employment, legitimacy is recognized only when these are followed.

If these procedures are omitted, even if the reason for dismissal is legitimate, it may be judged as wrongful termination due to 'formal defects.'

If a lawsuit has already been filed, you must first carefully review the complaint and submit a response summarizing the company's position within the deadline.

At this time, it is good to specifically describe the circumstances of dismissal, management conditions, employee's poor performance details, and whether opportunities for improvement were given, and submit related materials together.

In wrongful termination lawsuits, since the employer must prove that 'there were justifiable reasons,' securing evidence is the key to defense.

The court may, if it judges that the dismissal is not justifiable, order the worker to be reinstated or order payment of an amount equivalent to wages during the dismissal period.

Therefore, depending on the case, rather than prolonging court disputes, a strategy of early termination through reasonable settlement or mediation procedures can also be considered.

Daeryun Law Firm's legal experts, including corporate specialist attorneys, civil litigation attorneys, administrative specialist attorneys, and labor consultants who have handled numerous wrongful termination and disciplinary dismissal lawsuits, directly analyze cases and present strategies tailored to the company's situation.

In addition, at the initial response stage, we structure the legitimacy of the reason for dismissal and, if necessary, reinforce the legal basis for management-based dismissal, providing systematic advice to prepare for both court and labor commission procedures simultaneously.

From your perspective, we will carefully review the cause and circumstances of the case and support not only litigation response but also advice on revising employment contracts and personnel regulations to prevent the same dispute from recurring in future personnel management.

Since the judgment at the initial stage determines future results due to the nature of the case, we recommend you consult with an attorney as soon as possible.