Litigation

We act as genuine "project managers" with a view to reconciling strategy, the law and proactive preparation of the case

  • Counselling our clients from upstream right through to litigation, enhances our mastery and deepens our understanding of the cases we handle.
  • We handle all forms of litigation concerning :
    • Individual grievances : dismissal for fault or redundancy, compensation & benefits, moral harassment, discrimination, equal opportunity, requalification of precarious employment, unfair competition, working time, claims against the mutual agreement for termination of the employment contract, claims against company retirement benefit or AD&D and long term disability benefit schemes, etc.
    • Restructurings : suspension of the consultation procedure, cancellation of the restructuring plan, summary proceedings or scheduled date proceedings, transfer of an undertaking
    • Collective procedures : consultation of the Works Council and the Health and Safety Committee, disputed claim on the reduction of the cost of an expertise, the drafting, application and interpretation of collective bargaining agreements and company-wide agreements
    • Litigations comprising a risk and on criminal labour law issues : industrial action, illicit striking, sub-contracting, hindrance of the unions and staff representative bodies in the performance of their duties, health and safety, occupational injury, concealed labour, working time, temporary work, moral and sexual harassment, discrimination, the company Director’s criminal liability, etc.
    • Employee representative elections and appointment of unions : professional elections, disputed claims concerning representation, fraudulent appointment
    • URSSAF : validity of the form and merits of the adjustment, disputed claim on the calculation base, or with regard to the procedure
    • Occupational injury/occupational disease : claim regarding the recognition of an occupational disease or an occupational injury, claim regarding compensation, a technical claim or claim on non invocability
    • Inexcusable misconduct : claim regarding acknowledgement, a claim regarding non invocability
  • 1st objective: "sussing the file" to appraise risk exposure and foresee litigation or settlement
  • 2nd objective: comprehending the litigation as a "project manager" : beyond the legal and factual arguments and strategy, FROMONT BRIENS provides you with active support when preparing the brief
  • 3rd objective: proposing innovative arguments