Paul is a highly experienced, creative and tenacious litigator
paul.russell@russell.nl +31 20 301 55 55Taking steps in the event of irregularities or a #MeToo-related issue in your company? Make sure all facts are disclosed by means of a thorough investigation of the facts!
Do you suspect that a manager of your company leaks sensitive information? Has a director represented the company without the required authorisation which resulted in damage? Does an employee structurally violate the staff rules or is there suspicion of sexual harassment? In this event you are likely to take (legal) steps.
Before taking steps have an investigation of the facts carried out!
Whether it concerns a violation of staff rules, a work accident, maladministration, an integrity concern, fraud, a liability matter or a shareholders dispute, it is important that all relevant facts are disclosed. Even with regard to a sensitive subject such as sexual harassment, where the facts are often difficult to discover. It is the only way sensible decisions can be taken.
Especially before legal proceedings will be started or measures will be taken, you should be able to determine your legal position in the best possible way. To this end, an objective investigation of the facts and a discreet (external) specialist are required. It is advisable to engage a lawyer for this.
The lawyers at Russell Advocaten are experienced in fact finding exercises and have the expertise necessary to determine the relevant facts in each situation. We will gladly help you with fact investigations. Please contact:
Employees who consume alcohol and drugs during work or who want to work under the influence remain a problem for employers. What measures can you take against this? Are you allowed to test an employee if you suspect they are under the influence?
An earn-out in the event of a company takeover offers opportunities and risks. The former director and major shareholder remains involved in the company and part of the purchase price remains dependent on future performance. What aspects are important here?
Many companies do not have a works council, even though they should. When is it mandatory to establish one? What are the advantages of a works council? What are the consequences if your company does not have a works council?
Discrimination in the recruitment and hiring of new staff is not permitted. When do you, as an employer, discriminate during the application process, even unintentionally? And how can you prevent this, also if you use AI?
In principle, a continuing performance agreement can always be terminated, even if no arrangements have been made in this regard. But you can’t just do it. What do you need to take into account when terminating the agreement? And what if you want to deviate from the arrangements made about terminating the agreement?
The government wants to improve the legal position of flex workers with a new law. What will it mean for employers and flex workers if the legislative proposal is adopted? What new rules will you need to take into account?
