by Facing an employment dispute can be unsettling, and the first meeting with a legal professional is a critical first step.
However, a consultation with a top-tier lawyer is more than just a conversation; it is a strategic legal diagnostic session.
A highly experienced employment lawyer will use this time to meticulously analyze the facts of your case through the specific lens of the Romanian Labor Code.
What to Expect During Your First Consultation with An Employment Lawyer?
This article outlines what you should expect from this in-depth analysis from the very first meeting.
Phase 1: The Document Analysis – Uncovering Initial Legal Flaws
An expert lawyer doesn’t just review your documents; they scrutinize them for immediate legal red flags that could define the entire case.
- The Dismissal Decision: This is the most critical piece of evidence. Your lawyer will immediately check it for compliance with the strict formal requirements imposed by the Romanian Labor Code under the sanction of absolute nullity. For example, according to Art. 252 (2) of the Labor Code, the decision must contain a detailed description of the deed constituting the disciplinary offense, the legal provisions that were breached, and the reasons for which the employee’s defenses were dismissed. The absence of these elements can render the decision unlawful.
- The Employment Contract: Your lawyer will examine your contract for any abusive clauses, incorrect salary registration, or non-compete clauses that may not comply with the law.
- Proof of Disciplinary Investigation: In a disciplinary dismissal, your lawyer will ask for proof of the mandatory preliminary investigation, a procedure strictly regulated by Art. 251 of the Labor Code. This is a critical procedural point, and any misstep by the employer here can be a powerful basis for your legal challenge.
Phase 2: The Discussion – Translating Your Story into Legal Grounds
This is where a lawyer’s expertise shines, as they translate your narrative into concrete legal arguments.
- If you were dismissed for disciplinary reasons: Expect specific questions designed to verify if the mandatory preliminary investigation was conducted correctly. Were you properly summoned? Were you given the right to defend yourself and to be assisted by a lawyer? The lawyer knows that a flawed procedure is often the fastest way to have a dismissal decision annulled by a court.
- If you were dismissed for professional incompetence: The lawyer will probe for details about prior performance evaluations. Under Romanian law, an employer cannot simply claim incompetence; they must follow a rigorous, objective evaluation procedure beforehand, as stipulated by law.
- If your position was eliminated (restructuring): The discussion will focus on determining if the restructuring was genuine or a pretext to target you. The lawyer will investigate whether the position’s duties were genuinely eliminated and if the cause was real and serious, independent of your person.
- Screening for Absolute Nullity: Throughout the conversation, the lawyer will actively screen for grounds of dismissal that are expressly forbidden by Art. 60 of the Labor Code. Was the termination related to a pregnancy, maternity leave, medical leave, or based on discriminatory criteria? These are immediate and powerful grounds for legal action.
Phase 3: The Preliminary Assessment – A Strategy, Not Just an Opinion
At the end of a productive consultation, you should leave with a clear, actionable strategy.
- Identifying the Strongest Legal Arguments: An experienced lawyer will be able to provide a preliminary opinion such as: “Based on these facts, our strongest argument appears to be the procedural flaw in the disciplinary investigation, which violates Art. 251 of the Labor Code.”
- Outlining Legal Remedies: You will learn exactly what you can seek in court under Romanian law: the annulment of the dismissal decision, your reinstatement to the previous position, the payment of back wages (updated with inflation and interest), and potential moral damages.
- The Critical Deadline: Most importantly, you will be informed of the strict deadline to challenge the decision in court. According to Art. 268 (1) c) of the Labor Code, this deadline is 45 calendar days from the date you received the dismissal decision. This crucial piece of information dictates the urgency of all subsequent actions.
Our first consultation is an in-depth diagnostic session. We don’t just listen; we actively analyze your situation against the complex backdrop of the Romanian Labor Code and relevant court practice to identify the most viable legal pathways from day one.
Our experience in representing both employees and employers gives us unique insight into the common procedural mistakes companies make, and we leverage this knowledge for our clients’ benefit from the very beginning.
A quality legal consultation is not about simply telling your story; it’s about understanding what your story means in the eyes of the law.
You should leave the meeting knowing your specific legal arguments, the risks involved, the potential remedies available to you under Romanian law, and a clear plan of action.
If you believe you have been wrongfully dismissed or are facing another employment issue, contact our experienced legal team for a consultation that focuses on substance, strategy, and solutions.
