You were fired and you disagree. Do you want to reinstate your position or correct an entry in your work book, but do not know what to do and where to go? Most importantly, don't waste your time.
Instructions
Step 1
If you consider your dismissal to be illegal and want to challenge it, you have a month from the moment you received a work record book or a dismissal order in your arms. If you missed this deadline for a good reason, in this case you need to write a statement on the restoration of the missed experience. An employee, upon appealing against dismissal in court, is exempted from payment of duties and court costs.
Step 2
Determine what kind of claims you can make to the employer: - reinstate you in your position; - pay wage arrears and monetary compensation for forced absenteeism; - change the records of dismissal in the work book; - compensate for moral damage.
Step 3
Prepare all the necessary documents and make certified copies of them: - employment contract; - work book with all registered records of employment and dismissal; - a certificate of wages. If you have other documents confirming your employment relationship with the employer, or the illegality of dismissal, attach them as well. If you do not have any documents on hand, go to court with a request to reclaim them.
Step 4
Choose in which federal court (district court) of general jurisdiction you will appeal the decision. You can contact the place of your registration or the location of the employer.
Step 5
Make a statement of claim, in which indicate the following: - the name of the court to which you are submitting the application; - your data; - data of the organization from which you were fired; - the circumstances of your dismissal; - claims and requirements to the employer; - a list of attached documents.
Step 6
Try to settle any disagreements with your employer peacefully before filing a claim in court. Make a written claim in which you clearly and correctly state all your requirements (in duplicate). Send one copy to the employer, another copy, marked by the head, attach to the statement of claim. There are situations in which the claim is the only document confirming the employment relationship.
