A few thoughts on being a lawyer and why the labour law is not that complicated

So, this weekend I felt like sharing a few thoughts on what being a lawyer is about (a theme which I intend to come back to from time to time, because there are a lot of myths surrounding it), but also a little bit on why employment law is not that complicated or ment to complicate matters for the employer.

An old friend of mine, who noticed my recent activity on social media, asked why I chose to write content for the #employer. I have to underline that this friend is puzzled by my choices since I assisted him in a #harassmentcase against his former employer. So, he really wanted to know?if I changed sides?(and after several minutes of talking on this matter, he admitted that is his real question, but just felt weird to ask me upfront).

First of all, as a #lawyer, I don’t take sides per se. I don’t see it like that. Here’s why.

In any given case or moment I have to ensure my client’s rights are well respected, enforced and no abuses (of procedural or any other kind of nature) are made against them.?

If the law is unclear or could have more than one interpretation, then I’ll use that to my client’s advantage, of course.

Basically, I tell my clients how to do what they want to do?the legal way.

If this is what you understand when you hear "the lawyer took their side", then sure. We’re on the same page. Otherwise… no.

Secondly, the reason I chose to write content for employers is to actually point out that, contrary to general public opinion, you can actually dismiss an employee quite easily. It's really not that complicated as long as your HR documents are in place, as long as you actually have an internal regulation which you, the employer, also respect.

Am I saying that the employer can:

• Make arbitrary decisions?
• Dismiss an?employee just because they don’t like their hair?
• Harass employees?
• Force employees to file a resignations request?

No, of course not.

What I’m pointing out is that each dismissal decision has to be well grounded, that if you have some subjective reasons for wanting to dismiss a certain employee, then it has to be very well documented;?if there is an objective reason for which you decide to layoff?a?person, then you have to prove these objective circumstances.

The law was not thought of in terms of "let's complicate matters for the employer", but rather that certaing procedural guarantees must be enforced especially because of the existing subordination relationship between the employee and the employer.

In short, in Romania and in the EU in general it’s not like in the movies. There is no such thing as an employer getting angry and just yelling to the employee “You’re fired!” and the latter not being able to do anything about it. Employees have a lot of rights, but so do the employers. You just have to be careful to document it all.?Also, don't abuse the law. :-)