The employee’s professional inadequacy may lead the employer to terminate the employment contract. An employee can react and/or defend himself against a reproach of incompetence or insufficient results, which would be unfounded, by following a methodical approach and relying on solid legal arguments.
It is advisable to enter cautious (pre-conflict) mode while remaining positive:
- Take a step back from your work and your possible share of responsibility. Am I in the right job? In the right box? How can I improve my work? How do I improve my skills? Have I tested the job market?
- Contact a staff representative (so as not to be alone). The delegate can give advice, reread certain sensitive emails, give clarifications on the company’s habits and customs and legal aspects.
- Stay positive. Don’t fall into the trap of demoralization (stress can lead to cognitive difficulties) or “Oh well, since that’s it, I’ll do less.”
- Take great care of the exchanges. Respond confidently (without aggressiveness or innuendo), showing good will; point out the difficulties of the employer’s responsibility (insufficient resources, etc.) NB: Be careful with your word in front of witnesses. Track exchanges and keep them (email in saved PDFs), without falling into hyper-vigilance or even “paranoid” type behavior.
- Gather evidence in his favor. For example, documents proving satisfactory performance, such as positive evaluations, congratulatory emails, memos or organizational charts, or attestations from colleagues (if possible).
- Carry out the training required by the management (to the end). Consider training on your own initiative (know-how and interpersonal skills).
What if I am invited to a preliminary interview with a view to a possible dismissal?
It is then most often too late to avoid dismissal. If you are an employee in the private sector or an association, you can contact a staff delegate of your company or, failing that, an employee’s adviser (see lists by department), who will be able to advise you, accompany you to the interview and possibly advise you on the opportunity to refer the matter to the labour court…