Legal assistance with staff disputes
Dispute with Staff
Have your position assessed before you act — a wrong step will cost you more than the procedure itself
Conflict with an employee regarding performance, illness, behavior, or dismissal? As an employer, you are bound by strict rules. MKBjuristen advises on the strongest approach — from building the case file to a settlement agreement or legal proceedings. Fixed price.
- First consultation free and without obligation
- Assessment of your legal position, evidence, and risks
- Advice on demands for payment, negotiating, or litigating
- Assistance from lawyers and experienced in-house counsel
- Fixed rates per step where possible
Mr. Jaime Boogaers
Employment Law · Lawyer
An employment dispute that drags on for too long always costs more than the solution. The sooner you have your position assessed, the more options you have — and the smaller the chance of a costly procedure
- Practical legal advice
- Quick clarity on next steps
- Focused on both the solution and the evidentiary position
- No unnecessary escalation
- We worked for, among others:
Sound familiar?
Employment disputes rarely escalate overnight. Do you recognize any of these situations? Then it is wise to seek legal advice now — not after you have already taken a step.
The other party fails to honor agreements
There is a dispute regarding payment, delivery, quality, payment terms, or agreements made.
You are unsure how to respond
An incorrect response can be interpreted as an acknowledgment, promise, or waiver of rights.
The situation threatens to escalate
The tone becomes sharper, payment is withheld, or the other party threatens legal action.
You want to know whether litigation is wise
Not every case is suitable for proceedings. First, the chances, costs, evidence, and risks must be clear.
Do not react too quickly without a strategy.
An email, promise, or threat can be used against you legally later.
An email, promise, or threat can be used against you legally later.
What would you like to know more about?
Dispute with staff
Dispute with customer
Dispute with supplier
Dispute with business partner
Dispute with municipality or government
When do you need legal assistance with a dispute involving staff?
A conflict with an employee rarely starts off big. Often, there is initially a discussion about performance, behavior, or illness. Subsequently, positions harden, frustration builds, and a situation arises that has become legally complex before you realize it.
As an employer, you are bound by strict rules. A wrong step—dismissing too quickly, failing to initiate a performance improvement plan in a timely manner, or imposing a wage freeze without proper justification—can cost you dearly. Have your position
assessed before you act.
The most common disputes with staff
Employers most frequently come into conflict with employees over four topics.
First, poor performance. The employee is not performing adequately, but no file has been built up, or only an incomplete one. Without a written improvement plan, concrete goals, and demonstrable guidance, dismissal due to poor performance is legally virtually impossible.
Secondly, illness and reintegration. The employee is ill and is not cooperating with reintegration, or you doubt whether the sick leave notification is justified. The rules regarding the obligation to continue paying wages, Track 2, and the expert
opinion of the UWV are strict. An error in this process leads to a wage sanction of up to one year of additional wage payment.
Thirdly, employment conflict and strained relationship. The employment relationship is seriously and permanently strained. You wish to part ways, but the employee is uncooperative. In this case, there are three routes: a settlement agreement,
dissolution via the subdistrict court, or — in exceptional cases — summary dismissal.
Fourthly, breach of clauses. The employee violates a non-competition clause, non-solicitation clause, or confidentiality obligation after leaving. Prompt legal action is crucial in such cases to limit further damage.
What you, as an employer, should not do
Three mistakes employers regularly make that seriously weaken their legal position.
Summary dismissal without legal advice. This is one of the riskiest steps in employment law. The dismissal must be given without delay, the reason must be sufficiently urgent, and it
must be communicated correctly. If something goes wrong, you risk the annulment of the dismissal as well as a claim for damages.
Imposing a wage freeze without a proper basis. A wage freeze is only possible if the employee fails to cooperate with reintegration without valid grounds. The procedural requirements are strict — an error
renders the wage freeze unlawful.
Delay building a file. Without a written record of performance reviews, warnings, and improvement plans, you hold a very weak position before the subdistrict court judge. Start documenting everything in writing as early as possible.
How does a dismissal proceed via the subdistrict court or the UWV?
If you wish to terminate the employment contract and the employee does not cooperate with a settlement agreement, you have two formal routes.
You apply for a dismissal permit via the UWV for business economic reasons or long-term incapacity for work. You apply for dissolution via the sub-district court in cases of poor performance, a disrupted employment relationship, culpable conduct, or other grounds under Article 7:669 of the Dutch Civil Code.
In both cases, a strong case file is key. We assess your file, advise on the strongest course of action, and guide the proceedings.
Settlement agreement as the fastest solution
In many cases, termination by mutual consent via a settlement agreement is the fastest and cheapest route for both parties. The employee retains their entitlement to unemployment benefits, you pay a transition payment, and the employment relationship ends without legal proceedings.
We negotiate the terms on your behalf, draft the settlement agreement, and ensure that the agreements are legally sound and limit your risk.
First determine your legal position
Before you respond substantively, issue a formal demand, terminate, dissolve, or initiate legal proceedings, it must be clear what has been legally agreed upon and what evidence exists to support this. We review, among other things, agreements, general terms and conditions, quotations, emails, WhatsApp messages, invoices, and prior correspondence.
Not every legal step is immediately wise
Sometimes a brief demand letter is sufficient. Sometimes negotiating is wiser than litigating. And sometimes swift action is necessary to prevent damage or evidentiary problems. The right course of action depends on your interests, evidentiary position, contractual agreements, and the attitude of the opposing party.
Which legal step suits your situation?
Not every dispute requires the same approach. Sometimes a brief consultation is sufficient, while sometimes a formal assessment or negotiation is necessary.
Consulting with a lawyer
from125.-one-time
Quickly brainstorm about your situation and prevent you from reacting incorrectly.
- Contact within one business day
- Concrete answers to your most important questions
- Suitable for an initial legal assessment
Determine legal position
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Have your legal position assessed before taking the next step.
- Assessment of documents and evidence
- Insight into opportunities and risks
- Advice on the best strategy
Negotiating
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If talks stall, we assist with strategy, correspondence, and negotiation.
- Determine strategy
- Contact with the other party
- Legally formalizing agreements
Litigation
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If proceedings are necessary, we determine the process strategy and next steps.
- Determine process strategy
- Drafting procedural documents
- Assistance in proceedings
This is how we handle it
We do not initiate litigation. First, we map out your legal position, evidence, and commercial interest.
1
Assess situation and file
We assess the legal strength of your file, the employment contract, the performance plan, and the correspondence.
2
Determine route
You will receive concrete advice on the strongest approach: settlement agreement, improvement plan, wage freeze, UWV route, or subdistrict court.
3
Take action
We draft the necessary documents — improvement plan, warning, settlement agreement, or procedural documents — and guide the negotiations.
4
Terminate or reinstate employment relationship
We guide you to a legally correct and cost-effective outcome.
Example: summary dismissal overturned due to procedural error
An employer summarily dismissed an employee for serious dereliction of duty. However, the dismissal was not given without delay — four days elapsed between the discovery and the dismissal letter. The subdistrict court annulled the summary dismissal. The employer was required to continue paying wages, keep the employee employed, and ultimately conclude a settlement agreement with higher compensation than if he had sought legal advice immediately. With timely advice, this could have been entirely prevented.
Why MKBjuristen.nl?
Since 2001, we have been helping entrepreneurs with legal disputes, contractual disagreements, and business conflicts. We combine legal assessment with a practical approach: first get a grip on the situation, only then take the next step.
- Lawyers and experienced in-house counsel
- Practical advice without unnecessary legal jargon
- Fixed rates per step where possible
- Focused on solution, evidentiary position, and result
Frequently Asked Questions
When can I dismiss an employee?
Dismissal is possible via several routes: dismissal by mutual consent via a settlement agreement, dissolution via the sub-district court on one of the statutory grounds in Article 7:669 of the Dutch Civil Code, or via the UWV (Dutch Unemployment Insurance Agency) for business economic reasons or long-term illness. Which route is most suitable depends on your situation and the strength of your case file.
What is an improvement plan and when is it mandatory?
In cases of poor performance, you must first give the employee a realistic opportunity to improve. This means: written documentation of the problem, concrete improvement goals, a reasonable timeframe, and demonstrable guidance. Without an improvement plan, the subdistrict court judge will almost always reject a request for termination due to poor performance.
When is summary dismissal possible?
Summary dismissal requires an urgent reason, immediate notice, and proper communication of the reason. All three requirements must be met. If one element is missing, the dismissal is voidable. Always seek legal advice before taking this step.
Do I have to continue paying wages during illness?
Yes, as an employer, you are required to continue paying wages for a maximum of two years in the event of illness — a minimum of 70% per year, with the first year often being 100% based on the employment contract or collective labor agreement. If the employee does not cooperate with reintegration, you may implement a wage freeze under strict conditions.
What is a settlement agreement and when do I use one?
A settlement agreement is an agreement in which the employer and employee agree to terminate the employment relationship by mutual consent. The employee retains their entitlement to unemployment benefits, while you pay a transition payment. In most cases, this is the fastest and cheapest route for both parties.
What if an employee violates their non-compete clause?
Act quickly. Seek legal advice, send a formal notice, and consider summary proceedings if the violation is demonstrable and the damages are mounting. The longer you wait, the more difficult it becomes to limit the damage and legally enforce the clause.
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