When an employment dispute is serious, not “just a conflict at work”

At first glance, many workplace situations look like ordinary everyday conflicts: a manager “hints” at dismissal, bonuses are not paid, salaries are delayed, working conditions are changed, or an employee is asked to sign a “resignation at one’s own will”.
Yet behind these actions there are often violations of the law — both on the employer’s side and on the employee’s side.

An employment dispute becomes truly serious when it concerns unlawful dismissal, systematic non‑payment of wages, discrimination, mobbing (bullying at work), bringing an employee to material or disciplinary liability, non‑compete clauses or protection of trade secrets.
A mistake at the very beginning can close the door to reinstatement or fair compensation.

Typical problems in employment disputes

Most often people turn to a lawyer when:

• The employee is forced to resign “of their own free will” under the threat that “it will be worse otherwise”.
• Essential working conditions (salary, schedule, place of work) are changed without proper notice and consent.
• Salaries, bonuses and compensations are delayed, or the final settlement is not paid upon dismissal.
• The employee is dismissed for “absenteeism”, “failure to perform duties” or “loss of trust” without proper evidence and without following the required procedure.
• Disciplinary sanctions are imposed and later used as grounds for dismissal.
• The employer demands that the employee compensate “losses”, penalties or other amounts, referring to internal acts, memos or regulations.

In each of these situations, not only the substance of the conflict matters, but also the procedure: deadlines, orders, acts, written explanations, signatures, notifications. What looks like a “formality” today may decide the outcome in court tomorrow.

How we handle employment disputes

WINNER approaches labour conflicts not as “just another lawsuit”, but as a complex matter: labour legislation, the company’s real economics, tax risks, reputational effects and, at times, parallel criminal or administrative proceedings (for example, involving company officers or labour inspections).

We start with a document review: employment contract, job descriptions, orders, correspondence, internal policies, acts, explanations, timesheets and payroll statements.
We also analyse the procedure: were deadlines observed, were sanctions documented correctly, was the employee properly notified, and does the employer have an evidentiary base that can stand up in court.

Unlawful dismissal and changes to working conditions

Dismissal is the most conflict‑prone issue. Employers often try to get rid of an “inconvenient” employee by back‑dating grounds for dismissal: fabricated absenteeism, “loss of trust” or non‑existent violations.
Conversely, an employee may wish to be reinstated but has already signed a “voluntary resignation” letter under pressure.

In such cases, it is important to:

• Challenge the dismissal order or the change in working conditions in time.
• Record pressure, coercion, mobbing or discrimination (correspondence, audio recordings, witnesses, internal documents).
• Correctly choose the remedies sought: reinstatement, changing the wording of the dismissal grounds, recovery of average earnings for the period of forced absence, and compensation for moral damage.

For the employer, it is crucial to terminate employment lawfully and cleanly to avoid a subsequent court decision on reinstatement, large payouts and additional inspections.

Salary, bonuses and compensations

Another major block is money: delays or non‑payment of wages, refusal to pay bonuses, incentives, severance pay, compensation for unused vacation, and “grey” cash‑in‑envelope salaries that are hard to prove later.

We help to:

• Record the actual level of remuneration, even if part of it was paid “off the books”.
• Collect evidence of work performed, results achieved and KPIs on which bonuses were based.
• Prepare claims and lawsuits to recover accrued but unpaid wages, average earnings for the period of delay, and compensation for moral damage.
• For businesses — set up employment relations and HR paperwork in a way that reduces the risk of disputes with staff and claims from regulators.

Material liability and “employer–employee” conflicts

There is a separate group of disputes where the employer seeks compensation from the employee for damage: damaged property, shortages, penalties from counterparties, delays or “lost profit”. Such claims are often based on internal acts, memos and written explanations signed under stress.

In these cases we:

• Verify whether there are any legal grounds for material liability at all, and in what amount.
• Assess whether normal working conditions were provided, whether there is fault on the employee’s part, and whether the legal limits of liability have been exceeded.
• Protect employees from unfounded and inflated claims.
• Help employers correctly document and prove real damages, where they truly exist.

What WINNER does for businesses and employees

For employers, we build a system: robust employment contracts, clear KPIs and bonus rules, procedures for imposing liability, lawful mechanisms for terminating employment and internal policies that can withstand inspections and court scrutiny.

For employees, we protect the right to fair working conditions, decent pay, respect for procedures, and freedom from pressure and unlawful dismissal.
In every case, it is essential to define the end goal: reinstatement, compensation, a “dignified exit” from the conflict or minimisation of future risks.

When you should contact an employment lawyer

You should see an employment lawyer not when the dismissal order has already taken effect, but when:

• you are being “hinted” that it is time to write a resignation letter;
• your working conditions or pay are suddenly changed;
• a wave of disciplinary sanctions, acts and internal memos begins;
• salaries, bonuses or compensations are delayed or not paid;
• you are presented with “damage” claims or asked to sign something “just as a formality”.

At this stage, it is still possible to influence the scenario: avoid fatal mistakes, properly record your position and prepare for a potential inspection or court case, as well as possible conflicts with supervisory authorities.

Author – Yuliia Popadyn, attorney in the Tax and Housing Law Practice at the law firm “WINNER”.