The anxious voice on the phone:
My company frequently terminates employees!
Human resources called me in too!
They’re probably going to fire me!
What should I do if they terminate me?!
They’re having everyone sign papers!
What happens if I don’t sign?
What if they don’t pay my severance?
Can I get compensation for notice?
Answering these questions has become a weekly routine for me. Companies sometimes downsize or close, depending on market conditions and management styles. During these times, I receive more of these calls. Thus, “consulting on dismissal processes” has become a regular part of my profession.
In this article, I have gathered frequently asked questions regarding the process of leaving or being dismissed from a job. To ensure clarity, I have avoided legal jargon and kept the language as simple as possible. This guide aims to outline the general framework for an employee whose employment contract has been terminated. Since every situation has its nuances, it’s not possible to answer every possibility in a single article. If there are any unresolved points, it’s advisable to consult your lawyer.
What Happens If I Don’t Attend the Meeting with HR Even Though They Want to Fire Me?
Sometimes this question comes in the form of, “What if I don’t go to work and get a medical report?” However, not attending the meeting is not a reasonable strategy. The employer can still proceed without you, but they will have to go through processes like keeping records and sending notifications to your address. In most cases, making the employer go through such steps will not be beneficial to you. In fact, many employers record these absences and accuse employees of bad faith or absenteeism, which could work against you. So, unless there are exceptional circumstances, I recommend attending the necessary meeting with your employer or HR, even if you are going to be dismissed.
They Want Me to Sign Exit Documents. What Should I Do?
The answer to this depends on the type of document. I strongly recommend sending the documents to your lawyer before signing. Sometimes company officials pressure employees by saying things like, “You can’t send this to a lawyer; you need to sign immediately. We’re in a hurry.” However, documents related to the termination of an employment contract are extremely important and could form the basis for legal cases that last for years. Do not rush. If they insist you sign without reading or showing it to your lawyer, refuse to sign. It’s better not to sign a document you don’t understand than to sign something blindly.
Employees are usually presented with two types of documents:
Also, if the document states something like “TRY 100,000 received in cash” and you have not actually received any payment, definitely do not sign it. After signing a document stating that you received a payment in cash, your claim in court that you did not receive any money may not be believed.
You should request the payment to be made through a bank transfer. If that’s not possible, do not sign any document stating that you received a payment in cash without actually receiving it.
Another document that may be presented during the exit process is a mutual termination agreement (/mutual rescission agreement).
They Said I Won’t Get Paid If I Don’t Settle at Mediation. Should I Settle?
Mediation in labor law is seen in two forms: voluntary mediation and mandatory mediation. In voluntary mediation, the parties voluntarily resolve their financial disputes in the presence of a mediator. Mandatory mediation, on the other hand, is required by law before filing a lawsuit. In both cases, a properly concluded settlement in the presence of a mediator has the same effect as a court ruling. If you settle in mediation—whether voluntary or mandatory—you will not be able to file a lawsuit claiming that you were underpaid.
In practice, some employers direct their employees to mediation. For example, if an employer is dismissing 10 employees, they know that even if they pay them, the risk of lawsuits still exists. Courts often deem release forms invalid, allowing workers to win lawsuits. Thus, the employer may say, “I’ll only pay you if you settle at voluntary mediation.” This aims to prevent future lawsuits.
Whether to settle in mediation is at the discretion of the parties, but employees should be aware that once they settle in mediation, the path to a lawsuit is closed.
I Was Asked to Defend Myself for Low Performance. How Should I Prepare My Defense?
Even if your work performance is normal, you may be asked to defend yourself with a statement like, “Your performance is low; defend yourself.” Employers might do this as a form of mobbing or to create grounds for dismissal. Some employees, out of fear, may submit a defense that implies guilt, such as, “I’m sorry, I’ll work harder from now on.”
In your defense, describe the situation from your perspective. For example, if your performance is not low, clearly state this. If you have been previously awarded or promoted for the same level of work, mention this. If you feel that the request for your defense is a precursor to dismissal, you can include that.
Lastly, always keep a copy of your defense or take a photo. If unsure, ask for more time to consult your lawyer.
I Was Falsely Accused at Work, and They Want a Defense. What Should I Do?
If you are falsely accused of things like:
Your response should mirror the strategy for defending against false accusations of poor performance. Clearly state if the accusations are untrue and explain the situation as it actually occurred. If someone has falsely accused you, explain that and their possible motives. Again, keep a copy or take a photo of your defense. If in doubt, consult your lawyer.
I’ve Been Dismissed, Can I Get My Severance Pay?
The answer to this depends on the circumstances. If the employer terminated your employment, severance pay should be provided, assuming the conditions are met. If the employer refuses to pay, you will need to take legal action, starting with mediation, and if no settlement is reached, you may need to file a lawsuit in the Labor Court.
I’ve Been Dismissed, Can I Get My Notice Compensation?
Once your probation period is over, notice periods and compensation come into play. The notice periods are as follows:
If your employer dismisses you, they have two options. One, they can give you written notice and have you work during the notice period, granting you two hours daily to search for a new job. Alternatively, they can terminate your employment immediately and pay you notice compensation. If your employer terminates your contract immediately without paying your due compensation, you may need to pursue legal action.
(*) This article covers key issues to raise general awareness. Therefore, one should not expect precise legal solutions for every problem from this text. Each topic could be the subject of a separate article or book. Additionally, regulations may have changed since the writing of this article, so it’s advisable to support this information with other sources and consult a labor law attorney before taking any legal action.
Disclaimer: The information and opinions on this page are for general information and academic contribution purposes. It may not reflect the views of Otto Law and Mediation. Due to the fact that law is a dynamic field, the information and opinions on the site may be out of date. The articles on the site may not reflect the prevailing doctrine or common judicial practices in that field and may contain the author’s own legal convictions. The information and legal opinions on this site are not legal advice and these contents are not intended to be legal advice. It is recommended to seek professional legal support for specific cases. Otto Law and Mediation or the author of the relevant article are not responsible for the consequences of applying the information and opinions on the site to concrete events. We present it to your information.
