Skip to main content

Employment Litigation

Employment Litigation

We advise Clients at the pre-litigation stage and provide professional representation for employers in labor law cases, as well as litigation representation for employees in court disputes. We offer comprehensive legal services encompassing the preparation and conduct of court proceedings, particularly in cases concerning the termination of employment relationships, remuneration, employee rights and obligations, and employee liability.

We provide a comprehensive analysis of the case combined with an assessment of the litigation prospects and proposals for alternative actions. Thus, before entering into a court dispute, we always provide the Client with a recommendation regarding the justification and commercial viability of pursuing it. Subsequently, together with the Client, we develop an individual litigation strategy that primarily takes into account their best interests, as well as current court jurisprudence, legal literature, and the experience gained by GJW Law Firm’s lawyers in previously handled cases.

We have an experienced and dedicated litigation team specializing in labor law disputes. In cases where it is feasible, we successfully conduct negotiations on behalf of our Clients (including mediation proceedings) aimed at avoiding lengthy court trials.

Employment and Labor Law Disputes

We handle labor law litigation (on behalf of both employees and employers) concerning claims related to, among others:

  • the dissolution / notice of termination of employment contracts (i.e., claims for reinstatement to work or compensation, as well as remuneration for the period of remaining without work arising from the notice of termination or so-called disciplinary dismissal / termination for cause),  
  • establishing the existence of an employment relationship (in situations where an existing civil law contract meets the criteria of an employment contract),  
  • employee remuneration, bonuses, wage supplements, overtime pay, severance pay, social packages, and other benefits,  
  • workplace accidents,  
  • mobbing (workplace harassment), discrimination, unequal treatment of employees, or infringement of personal rights,  
  • breaches of non-compete agreements, Non-Disclosure Agreements (NDAs), and acts of unfair competition. 

Social Security (ZUS) Litigation and Appeals Against Decisions

We provide comprehensive legal services in labor and social security law, encompassing administrative proceedings conducted before the Social Insurance Institution (ZUS) aimed at obtaining the right to a specific benefit or filing an appeal against a ZUS decision, as well as proceedings before common courts.

We handle disputes over claims related to the actions or omissions of the Social Insurance Institution (ZUS), particularly concerning: the levying of social security contributions on contracts, social insurance coverage, the authority’s questioning of the amount of employee remuneration, the reclassification of a civil law contract into an employment relationship, and the payment of social security benefits (including court cases with ZUS regarding disability pensions).

We also have experience in handling cases related to the cancellation (write-off) of debt arising from unpaid contributions, as well as concluding settlements with the pension authority regarding such liabilities. Lawyers specializing in ZUS cases operate from our office in Poznań.

Administrative Proceedings in Labor Law and Audits

Our services also include conducting administrative proceedings in labor law before administrative bodies and administrative courts, concerning, among others, decisions issued by the National Labour Inspectorate (PIP) and the State Sanitary Inspectorate (Sanepid).

We represent our Clients in disputes with competent authorities during audit proceedings examining the legality of employment (e.g., maintaining appropriate HR documentation), as well as during audits related to the compliance of workplace conditions with Occupational Health and Safety (OHS) regulations, or concerning employee medical examinations.

Our practice confirms that an employer’s proper preparation for an audit increases the chances of a favorable outcome and minimizes the risk of the authority referring the case to court.

Criminal and Misdemeanor Proceedings in Labor Law

It happens that the actions or omissions of an employee or employer constitute a violation of labor law regulations and may give rise to the criminal liability of the employee or the criminal liability of the employer. In such situations, we provide Clients with legal advice on labor law and representation in criminal and misdemeanor proceedings, acting as both defense counsel and attorney for the injured party before law enforcement agencies (including the National Labour Inspectorate) and common courts.

Paulina Meller-Kmiecik How can we help?