Top-Managers & Employment disputes in Switzerland

Swiss employment law is deeply influenced by liberal views pursuant to which the employer is fundamentally free to decide if and when to terminate the employment relationships.

This unbalance of the powers is exacerbated in case of disputes involving employees holding top- or upper-management positions within large companies (be it banks, financial institutions, insurances or other top-tier organizations): the employer has large discretion and leverage to jeopardize what can be years of sacrifice and significant future professional expectations within the company.

Such David vs Goliath face-offs are typical situations top managers must take into account along their career and for which they should take pre-emptive measures.

The following queries are most common in top-management employment disputes:

• My company is reorganizing, what can I do to protect my position and/or my career with the company?
• Inner competition between top-managers is putting my position at risk, how should I protect it?
• My performance reviews are not fair and do not reflect the true value of my work for the company ; I fear that it is the inception of a scheme to terminate my position. How should I react?
• Some employees of my Department are teaming up to systematically disparage and sap the credibility of my achievements within the company. What can I do to protect myself?
• I am a shareholder of my employer; should my employment agreement be terminated; how can I sell back my shares at the best value?
• I have received a notice of termination of my employment despite good performance over the past years; what can I do to protect my position or my rights?
• Although the Company has a severance package policy, I have only been offered basic benefits further to the termination of my employment contract; what should I do ?
•  My employer has informed me that internal investigations involving my position within the Company are ongoing; which steps should I take ?

Such issues require not only a specific knowledge of the law and employment-related litigation proceedings but also trial-tested strategies in order to level the disbalance of powers and achieve an acceptable solution.

Absent any possibility to settle the matter, the strategy to devise should also allow the employee to credibly and confidently bring his case before the courts and obtain an acceptable compensation of the loss suffered.

For there should be no way through which the Strong can evade its obligations under the Law.

Should you face similar situations, we would be more than happy to meet with you and explore possible solutions to assist you.

Contact

PYXIS LAW advises and represents Swiss and foreign clients in the areas of employment law, litigation, international arbitration, public law and business law.

Fabien V. RUTZ, Attorney-at-law, Partner, Certified Specialist SBA Labour Law [email protected]

Rue de Hesse 16 | P. O. Box 1970 | 1211 Geneva 1 | Switzerland

 T. +41 22 365 22 00  | F. +41 22 365 22 01

www.pyxislaw.ch | [email protected]