Litigation in the area of employee relations law and social security law
In the Labour Courts (conciliation hearing, hearing to announce ruling, hearing before a panel with 3 judges (instead of the usual 2), the case usually involves:
- Terminations on personal or economic grounds,
- Recharacterization of other forms of termination: court-ordered termination, termination on being forced out, resignation,
- Sexual and other types of harassment, discrimination,
- Work time,
- Equality of treatment,
- Situations involving unfair competition, etc.
We analyze the risks and advise our clients on the best strategy.
We negotiate and prepare agreements resolving the disagreement.
We also assist our clients:
- In connection with pre-litigation situations in the areas of AT (“arrêt de travail” – leave of absence (for health reasons, for example), MP (“marché public” – public/government contracts), pricing, inexcusable fault/strict liability, rulings, contributions, etc., to the URSSAF (collection agency for the health care/social security system), the CPAM (primary sick fund), CRA (sellers and buyers of businesses).
In the Court for Disability Disputes and the court of appeal from the Court for Disability Disputes, we litigate:
- The degrees of disability and the prices set in connection with workplace accidents.
In the health system and social security court, we represent clients:
- With respect to workplace accidents and work-related illness
- Strict liability/inexcusable fault [for workplace accidents]
- URSSAF audits and assessments
In the Administrative Court, we represent clients:
- In connection with actions challenging administrative and governmental decisions of the Office of the Labor Inspector refusing employee termination/dismissals or transfer of “protected” employees,
- In cases challenging an administrative decision of validation or approval of a job protection program by the Regional Department for Companies, Competition, Work, and Employment),
- In connection with challenges to medical opinions rendered by the Employee workplace medical service.
In local civil courts, we represent clients in connection with challenges to elections or election of union representatives, in the Superior Court of First Instance challenging the opinions of experts hired by a Works’ Council or the Occupational Safety and Health Committee. We also work with the interpretation of collective labor agreements and clearing of a facility in the event of pickets in connection with strikes.