10 examples of unusual dismissals and court decisions

Let's consider several non-standard reasons for dismissals and the circumstances due to which workers were not able to go to work:

• There was an accident in the apartment
• The employee went with the child to the doctor
• An employee's car broke down
• The employee wrote a letter of resignation without specifying the date
• The employee left work early on his birthday
• The employee withdrew the application by email on the last working day at 17.24
• Snowfall prevented a worker from leaving the village for work
• The employee learned about the layoff a month later than others
• The employee was not informed about the refusal to give leave at his own expense
• An employee sent work documents to his personal email so he could work from home

There was an accident in the apartment

The employee did not go to work due to a break in the hot water supply lines, which resulted in an accident in his apartment. The employer regarded his absence as absenteeism and fired him for a single gross violation of labor duties (clause “a”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation). He issued an order in which the following were given as evidence of truancy:

• act on the absence of the employee from the workplace from 08.00 to 16.18 hours;
• memo from the head of the HR department;
• notification “On the need to provide written explanations”;
• explanatory statement of the employee;
• a copy of the minutes of the meeting of the personnel commission.

The dismissed employee went to court to be reinstated at work. From a memo from one of the employees, it turned out that the dismissed employee on the day of the accident notified her that it was impossible to go to work at 8.20.

In the explanatory note, the employee indicated the reason for his absence from work - a utility failure in the apartment.

The court's decision

The first instance agreed with the dismissal. The written evidence presented was considered, as well as the testimony of witnesses: the chairman and plumber of the HOA, the plaintiff’s mother. It turned out that the accident in the apartment was eliminated between 12.00 and 13.00.

The court proceeded from the fact that the plaintiff had no reason to be absent from work after the accident was repaired. Therefore, absence from work was regarded as absenteeism. Other reasons were also taken into account: the dismissed employee did not inform his immediate supervisor about the reason for his absence, and also did not take measures to resolve the problem - for example, he could have asked for leave without pay.

But the appellate court supported the employee. He indicated that:

• the employee was absent from work after 13.00 and before 16.18 for less than 4 hours, which, according to the Labor Code of the Russian Federation, is not absenteeism;
• the fact that the employee did not report the absence to his immediate supervisor and did not take measures to coordinate the situation is not a disciplinary offense.

The court concluded that the dismissal did not have a legal basis, as a result of which the employee suffered moral damage. Compensation for moral damage was recovered in his favor - 5,000 rubles.

What are the legal reasons for dismissal?

The Labor Code of the Russian Federation (Article 77) provides the following reasons for the cancellation of an employment contract:

• mutual consent of the parties;
• termination of the contract by decision of one of the parties;
• expiration of the employment contract;
• the employee’s disagreement to work with other company management if the organization has changed ownership;
• employee refusal to work according to the amended contract rules;
• liquidation of a labor organization;
• change of position by an employee.


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According to Article 81 of the Labor Code of the Russian Federation, an employer can dismiss an employee without his consent for the following reasons:

• termination of the legal entity's activities;
• layoffs of employees according to official orders;
• inconsistency or insufficiency of qualifications for the position occupied, identified during certification;
• regular evasion of the employee’s duties in the presence of disciplinary sanctions;
• violation of the routine, regulations of duties (absenteeism, showing up at work in a state of alcoholic or drug intoxication);
• disclosure of state, industrial, commercial secrets;
• causing property damage to the enterprise (theft, embezzlement, damage), established by the court;
• violation by an employee of labor protection requirements;
• loss of trust in the employee (if he works with material and monetary values);
• immoral actions of an employee;
• unsound decisions of an employee that caused material damage to the company;
• falsification of documents.

Dismissal at the initiative of an employee is based solely on his desire or the emergence of circumstances that do not allow him to engage in this work activity, for example, deterioration of health, relocation, addition to the family.

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An employer cannot prohibit an employee from resigning. But the specialist is required to work two paid weeks before dismissal.

So, the dismissal of an employee is legal if the reasons for dismissal comply with the grounds of the Labor Code of the Russian Federation. It is also important that the employment contract is canceled and all dismissal procedures are followed.

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The employee went with the child to the doctor

The employer was warned that the employee would not be able to return to work. He referred to a good reason - the child’s illness and the need to visit the clinic. Nevertheless, he was fired from work for absenteeism, since he did not provide any supporting documents explaining his absence from work.

The court's decision

The court supported the opinion of the dismissed employee. Caring for a sick child was regarded as a valid reason, even though the employee’s sick leave was not issued.

Having declared the dismissal illegal, the court also found it necessary to recover compensation for moral damage in favor of the plaintiff - 3,000 rubles.

What documents may be needed for an appeal?

When drawing up and filing a complaint or statement of claim, a person will need documents confirming the fact of employment and illegal termination of employment relations. An approximate list of required papers consists of:

• employment contract;
• orders - on hiring, on dismissal;
• work book;
• certificates - about the position held, about average earnings;
• characteristics from the place of work;
• as well as any other written evidence with the help of which the subject intends to prove the illegality of management decisions.

Important! Most of these documents can only be obtained from your former employer. If the administration does not provide information within 5 days from the receipt of the employee’s request, the papers must be requested through the court.

An employee's car broke down

The employee, in accordance with the drivers' work schedule, was supposed to go to work for a shift, but did not show up at the workplace at the specified time. It turned out that on a day off he went out of town, and on the way back the car broke down.

At the same time, the employee alerted the carpool dispatcher about the situation. Later, he submitted a written explanatory note to the boss, in which he explained the reasons for his absence.

The employee was fired for a one-time violation of work duties - absenteeism (subclause “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation).

The court's decision

The court sided with the employer, finding that the plaintiff had a real opportunity to return to the city by bus or call a taxi. But he didn't.

Moreover, having arrived in the city in the first half of the day, the employee did not go to work until the end of his shift and did not inform his employer about the resolution of the situation.

How to file a complaint to the State Tax Inspectorate or the prosecutor's office?

A complaint to the State Tax Inspectorate or the prosecutor's office is drawn up in free form in compliance with the general requirements for procedural documents.

Be sure to note:

• name of the recipient authority;
• information about the applicant – full name, address, former place of work;
• information about the employer - name and location of the organization, full name of the manager;
• a detailed description of the incident that gave rise to the complaint.

In addition, the document must state what exactly the offense is, as well as indicate the stated requirements.

Download a sample complaint to the State Tax Inspectorate about the payment of wages, calculation upon dismissal and compensation for delay in payment

The employee wrote a letter of resignation without specifying the date

In the resignation letter submitted to the employer, there was neither the date of drawing up the document nor the date of dismissal. In the lawsuit, the employee explained this by saying that he initially did not intend to quit, and wrote the application under pressure.

The boss, before giving the application to the personnel officers, himself counted down two weeks until the beginning of the month.

The employee went to court.

The court's decision

The court supported the employee and pointed out important details:

• the parties did not reach an agreement on termination of the employment contract at the initiative of the employee;
• there is no evidence of agreement with the plaintiff on the date of dismissal;
• when dismissing at his own request, the employer was not convinced of the employee’s will;
• The Labor Code does not provide for the employer to independently determine the date of dismissal of the employee at his own request without the consent of the employee;
• filing a lawsuit to declare the dismissal illegal is precisely proof of the lack of voluntary expression of will.

Convenient employee accounting, salary calculation, sick leave, vacation pay, taxes and contributions, dividend calculation.

To learn more

Illegal dismissal of certain categories of employees

Typical cases of violation of the law occur when citizens of certain categories are dismissed. These include single mothers and fathers raising children under 14 years of age alone, as well as women carrying a child. According to the law, such citizens cannot be fired, except in a situation where all employees of an enterprise are subject to dismissal upon its liquidation.

It is also possible for them to be dismissed under the article in case of gross violation of labor standards established in the contract with the employer. The facts of gross violations of labor discipline must be indisputable. Otherwise, the dismissal of workers classified in this category will be considered illegal.

Expert commentary

Platonov Alexander

Lawyer

If there is a reduction in personnel during the restructuring of an enterprise for various reasons, then the employer is obliged to offer these categories of employees a new job first of all.

The employee left work early on his birthday

On one day, the employee was absent from work for more than 4 hours in a row. But this absence was agreed upon with the immediate supervisor due to the company’s established practice of ending the workday early on a birthday.

The employer considered that this was the reason for issuing a dismissal order under paragraphs. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. An act was drawn up to conduct an internal investigation into the commission of a disciplinary offense.

The court's decision

So far, even the court has not come to a clear opinion on this dispute. So, in particular, the first instance supported the ex-employee and canceled the dismissal. But this decision was overturned by the appeal ruling of the judicial panel for civil cases.

The court needed to find out:

• what was the reason for leaving work earlier than established by the internal labor regulations;
• whether the immediate supervisor was notified of the need to leave and for what reasons;
• whether the early departure from work was due to valid reasons.

To resolve the issue of the legality of dismissal for absenteeism, the appellate court should have established:

• whether the employer, when imposing a disciplinary sanction in the form of dismissal, took into account the severity of the offense committed and the circumstances under which it was committed;
• the employee's previous behavior;
• his attitude towards work.

As a result, it was decided to send the case for a new appeal hearing.

Procedure

Employees should know what to do if they were fired from work illegally. They can defend their rights by being restored to their previous place of employment or receiving compensation. If a person can achieve justice, the employer will have to pay a large fine. Such actions will not only punish the owner of the company, but also prevent further violations on his part.

What to do if you are illegally fired from your job? To do this, perform the following steps:

• a complaint is filed with the labor inspectorate;
• a statement is drawn up to the prosecutor's office;
• a statement of claim is formed.

If a specialist does not want to involve third-party organizations, then an application is initially written addressed to the director of the company. It describes the identified violations and the negative consequences for the employer. Sometimes this allows you to solve the problem in a peaceful way. If the management does not want to meet the specialist halfway, then they will have to defend their rights in court.

Labour Inspectorate

If a person is thinking about what to do in case of illegal dismissal from work, it is initially recommended to contact the labor inspectorate. This organization was formed specifically to protect citizens who are faced with illegal actions on the part of the employer.

Features of involving the labor inspectorate:

• it is important to meet the deadline represented by 14 days from the date of dismissal, otherwise the time during which the manager can be held accountable will be missed;
• a complaint is filed only if there is evidence of a violation on the part of the employer;
• if verification and the involvement of witnesses is required, then it is advisable to immediately draw up a statement of claim;
• If an inspector from the labor inspectorate actually detects violations of the Labor Code, then he independently prescribes a punishment for the director of the company under Art. 5.27 Code of Administrative Offences.

The audit takes quite a long time, so it is recommended that you initially independently prepare evidence of identified misconduct on the part of the organization’s management. The punishment is represented by large fines, with the company paying from 30 to 50 thousand rubles, and for the director the sanction is a maximum of 5,000.

If repeated violations are detected, the penalties are increased. Therefore, suspension from management of the company is imposed for a period of up to three years. Additionally, the enterprise pays a fine of up to 70 thousand rubles, and the director pays 20,000.

Prosecutor's office

If an offended employee does not know where to turn in case of illegal dismissal, then it is advisable to file a complaint with the prosecutor’s office. An application must be submitted if there is evidence of a violation.

Employees conduct a check based on the documents received. If violations are discovered, orders are issued and large fines are imposed. But practice shows that employees of government agencies rarely pay attention to such statements, overlooking minor offenses of company directors. Therefore, it is advisable to contact the prosecutor’s office for truly serious crimes.

Attention! Applications drawn up by people of pre-retirement age are considered primarily in accordance with the requirements of the law, therefore, in the event of illegal dismissal, such persons can count on comprehensive protection.

Court

If it is necessary to conduct a trial and search for evidence, then it is advisable to go to court. Even a pensioner who was dismissed from the company without good reason can act as a plaintiff.

The demands indicate not only reinstatement, but also the receipt of large moral and material compensation. According to Art. 393 of the Labor Code, there is no need to pay fees and charges for conducting a trial, so no expenses are required from the offended specialist. But he can hire a lawyer to increase his chances of winning the case.

The employee withdrew the application by email on the last working day at 17.24

The employee first wrote a letter of resignation, but later, after thinking about the situation, he decided to withdraw it. He approached management, but they refused to accept his application. Therefore, he decided to send feedback to the company email and notify management about it via SMS message.

The employer considered that the employee had abused his right by withdrawing the application on the last working day at 17.24 by email.

The court's decision

The court reinstated the employee. According to Part 4 of Art. 80 of the Labor Code of the Russian Federation, before the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time.

The Labor Code does not contain restrictions for an employee to withdraw his resignation letter by mail, telegraph, or e-mail.

The court did not consider the employer’s arguments weighty, namely the arguments that:

• the application to withdraw the application did not contain a signature;
• The electronic document does not contain data that allows the sender to be identified.

The employer must take into account the application and, in case of doubt, ascertain the will of the employee. But this was not done.

Finding a new place

Instead of moping, you should think about how to move on with your life. It's time to start looking for a new job. This approach will not allow you to feel sad and indulge in negative thoughts, and will give you an incentive to move on.

To get the position you are interested in, you will have to be active and persistent. The more effort you put in, the sooner you will find a worthy alternative to your lost earnings. Read our article on how to dress for an interview.

The applicant can use the following secrets that will speed up the employment process:

• An email with a clear, serious address.

If the email address was created at school, you need to urgently change it. There are more chances to get a solid position if the resume is sent from a serious person with a clear e-mail.

Good example

Bad example

• Control call.

Don't be afraid to call HR or the employer directly after your resume has been submitted. You can clarify whether the letter was received and whether they were able to open it. If there is no answer for more than a week, you should continue searching for a new place.

• Personal connections.

Most often, close people who were notified of the current situation in a timely manner help with a new job. Don’t be shy - talk about problems, post messages to friends on social networks.

IMPORTANT! Word of mouth makes the chances of getting a decent job in the shortest possible time much higher.

• Get rid of the water.

The resume should be clear and structured. Write about specific achievements in your previous job.

Finding a new job is rarely quick, but the effort always pays off. It is important not to give up, set goals and move towards them. Then you can survive difficult times with minimal losses.

In modern conditions, there are many platforms where you can find work with suitable parameters. Let's look at the most common places where employers post vacancies.

On work sites

Most vacancies are concentrated on the Internet on job sites. The most popular among them is hh.ru

Offers from companies are published there, indicating:

1. requirements for the candidate;
2. working conditions;
3. wages;
4. contact details.

An applicant can apply for a position of interest through the website. If there is no suitable position, you can create your own resume indicating work experience and salary requirements. Then post it on the website awaiting a response from the employer.

Notice boards

Message boards such as Avito or Yula have existed on the Internet for a long time. You may not know, but there are also vacancies from companies interested in finding employees.

Through newspapers and magazines

Far from new, but still an effective way to search for work through websites and magazines. Many employers duplicate advertisements from the Internet in print publications; some prefer to advertise their vacancies only in newspapers.

Just like on job sites, you can post a job search ad yourself and attract the employer’s attention with the help of special highlighters. However, a personal call for posted vacancies will be more effective.

In social networks

Social networks and instant messengers have become an integral part of our lives, so even with their help you can go looking for work.

Take advantage of word of mouth by making a short note about yourself and your desire to find a certain job, ask your friends to repost it.

ADVICE! Subscribe on social networks to specialized groups, profiles and chats in which fresh vacancies appear regularly.

Recruiting companies

There are many recruiting companies on the labor market, but not all of them are honest. If you have the opportunity to contact a reliable company, then it is worth submitting a resume with all the characteristics.

If you have a negative impression of the service provided, it is better to avoid contact with agencies. Many simply take money for services and leave the client unemployed.

Employment Center

The employment center is the most reliable way to get at least a small income during unemployment. You need to come to a specialist and fill out a resume, leave information for selecting a vacancy.

BY THE WAY! It is rarely possible to find a good, well-paid job through the employment center. But you will definitely be offered some options with a small salary.

Personal appeal to employers

In order not to wait for the weather by the sea, you can immediately call the HR department of an interesting enterprise or directly to the manager. This approach will significantly reduce search time and speed up the process of enrollment in a new position.

HR department employees, as well as managers, usually have a good opinion of proactive people who approach them personally. Print out your resume in advance and be ready to go for an in-person interview at any time.

Freelancing

Nowadays, many people are actively making money from freelancing. They independently look for customers and perform different types of work for them.

The following are widely popular:

• Copywriters - they write texts on a specific topic to order. By the way, on the site we have already described in detail how to become a copywriter.
• IT specialists - there is a demand for services for creating and setting up websites, web programming, etc.
• Designers - they create drawings and logos, and also develop designs for Internet sites.
• Translators - the need to translate technical and other information has always been and will remain for a long time. The customer may also require the service of a translator to communicate with foreign partners or clients.

Snowfall prevented a worker from leaving the village for work

The employee went out of town for the weekend in his personal car, but was unable to return on the working day as snow fell and the roads were covered.

The employee informed the immediate head of the department about his absence. The municipal service managed to clear the street in the village on a working day between 16.00 and 17.00.

An employer fired an employee for absenteeism.

The court's decision

In this case, the courts' decision was ambiguous. For example, the first and appellate instances recognized the dismissal as legal, considering that the employee should be more careful and take measures to return to the city in advance in case of bad weather.

But the Supreme Court took a closer look at the details. He noticed that the employee was making attempts to go into the city, and therefore called a tractor to clear the road.

As a result, the Supreme Court sent the case for a new trial.

Employer's liability

If the government authorities to which the employee applies take the specialist’s side, then the head of the company is forced to be punished. It is presented in several forms:

• payment of a fine by the company in the amount of up to 70 thousand rubles;
• deprivation of the right to hold managerial positions for up to three years;
• sanction for the director, reaching 20,000;
• payment of large moral compensation;
• reinstatement of the employee to his previous position, even in a situation where a new specialist has already been found for this position.

Attention! Another negative consequence is inspections by the labor inspectorate and the prosecutor's office, which is often accompanied by the discovery of other violations.

The employee learned about the layoff a month later than others

The employee was notified of the staff reduction almost a month later than the rest of the staff. The employer explained this by saying that he was waiting for his return from vacation. At the time of notification of the current situation, there were no vacant positions left in the company.

It turned out that only one employee was fired due to staff reduction without assessing the priority right to remain at work. The remaining personnel were transferred to other places.

The dismissed man decided to defend his rights in court.

The court's decision

The first instance did not see any violations, but the appeal agreed with the employee - the employer did not take into account his preferential right to remain at work. This opinion was also supported by the cassation.

The court clarified another important detail: “compliance with the plaintiff’s labor rights and the guarantees established by labor legislation could not be made dependent on the employee being on regular paid leave and worsen his situation compared to other employees who were not on regular paid leave.”

What to do after dismissal

If you lose your job due to coronavirus, you can count on the maximum unemployment payment. For example, in Moscow until the end of September it is 19,500 rubles.

To receive this payment you need:

• have Moscow registration;
• officially work for at least 60 calendar days in 2021;
• be dismissed at will, by agreement of the parties, due to staff reduction or liquidation of the organization.

The payment of 19,500 rubles is for people who would not have problems with work if not for the coronavirus epidemic. All other unemployed people who found themselves in this status before the coronavirus situation, did not work and did not lose their jobs this year, do not receive increased payments.

Ulyana Malkovich, lawyer

But if you lost your job before the outbreak, you are still entitled to standard unemployment benefits. Its size usually depends on length of service and region. The maximum benefit in Russia, excluding regional surcharges, is now 12,130 rubles per month, the minimum is 1,500 rubles.

To apply for benefits, you need to obtain official unemployed status. Previously, to do this, we went to the employment service several times, but due to the coronavirus, you can register remotely by the end of the year: on the State.

The employee was not informed about the refusal to give leave at his own expense

The employee wrote a statement requesting two days of leave without pay in connection with the funeral. The director gave verbal consent. The employee submitted an application to the document manager for registration, but the leave was never documented.

When the employee did not show up for work, he was fired for absenteeism.

The court's decision

The first and second instances drew attention to the fact that no agreement on the provision of leave was reached. Based on this, they considered the dismissal legal.

But the Supreme Court expressed a different opinion. He pointed out that the document specialist registered and filed the employee’s application in the incoming document folder. Moreover, when going on vacation, employees never waited for the order to be issued. According to established practice, it was enough to obtain the consent of the general director.

In addition, the employer must have notified the employee of the refusal to provide rest days. He had enough time for this, since the employee submitted an application in advance.

The process of restoring violated rights

There are several ways to protect the interests of citizens who were fired wrongfully. The injured person has the right to use one option or combine several mechanisms to restore violated labor rights.

Method one - complaint to the employer

A citizen has the right to write a written complaint to the former management. The document must state the fact of disagreement with the formalized dismissal, as well as justify the stated position. In the claim, the author may demand that the employer voluntarily correct the mistake made - cancel the illegal order, pay the due compensation. The dismissed person also indicates that if his warning is ignored, an appeal to regulatory authorities and the court will follow.

Note! It is permissible to make a claim in free form, but with the obligatory indication of the information of the employer and employee.

Of course, most employers usually ignore such claims. But a certain percentage of violators will still prefer not to bring the matter to trial. Even if management prepares a negative response, the author of the complaint will be able to obtain the necessary evidence for further appeal.

Important! The legislator does not require mandatory compliance with the claims procedure in cases challenging the fact of dismissal. A person has the right to immediately begin other defense mechanisms.

Method two – complaint to the State Tax Inspectorate

The State Labor Inspectorate is a specially authorized state body whose competence includes the consideration of complaints in the field of employment. Inspectors review applications in a short time, and the complaint is drawn up in free form, which greatly facilitates the applicant’s task.

If the facts indicated in the appeal of the dismissed subject are confirmed, then the manager who violated the law will be brought to administrative responsibility. However, even the satisfaction of a complaint by the inspectorate does not always guarantee the victim full restoration of violated rights, since the powers of the State Inspectorate are limited.

Option three - prosecutor's office

The list of authorities to which a victim of illegal dismissal can apply includes the prosecutor's office. It is worth considering that if unlawful behavior has signs of an administrative violation, the complaint will be forwarded to the State Tax Inspectorate. The prosecutor's office will conduct the case independently if it receives information about the presence of signs of a crime in the actions of the leader.

Option four - court

In fact, the only body where it is possible to fully protect violated labor rights is the court. The applicant must prepare a statement of claim and send it to the district or city court for consideration.

Note! When filing a claim for illegal dismissal, the plaintiff is exempt from paying state fees.

The trial usually lasts much longer than the consideration of the complaint by the State Tax Inspectorate or the prosecutor's office. However, only in court can you recover moral damages and compensation for illegal dismissal from the employer.