Suppose you have just completed a freight schedule at a logistics company along the Ringbaan-West when your manager calls with the message that your position is being eliminated. In that moment, every subsequent action counts for your WW rights and possible compensation.
First moment: immediately demand a written statement of reasons
An oral notification provides little basis. Ask your employer for a formal letter or email stating the exact reason. Without substantiation, the ground is often contestable. Immediately send a brief confirmation yourself: “I understand that you have informed me today…”
Within two hours: securely retrieve your documents
Before your access is closed, download:
- Employment contract including all annexes
- Payslips for the last twelve months and the most recent annual statement
- Performance reviews and appraisals
- Email correspondence regarding your performance
- Collective agreement text and any company regulations
- Pension and bonus statements
Send the copies to your private address. Never delete business files; this may constitute an urgent reason for dismissal.
Hours 3 to 24: sign nothing, use the reflection period
In the case of a settlement agreement (vaststellingsovereenkomst), a statutory reflection period of fourteen days applies (article 7:670b BW). This period is mandatory. If you sign under pressure, you may still terminate in writing free of charge within that period.
Day 1-2: immediately call a Tilburg employment lawyer
An initial consultation often lasts thirty to sixty minutes and costs €150-250, sometimes free as an introductory meeting. The lawyer assesses whether the dismissal ground holds, whether the improvement trajectory was sufficient and whether the compensation is market-conform. In many cases this leads to twenty to forty percent more compensation. Call the Arslan office on Spoorlaan 350 or Juridisch Loket Tilburg for a prompt appointment.
Day 2: protect your WW rights
The reason for dismissal must not be culpable. Ensure a neutral formulation such as “difference of opinion” is included in the settlement agreement (vaststellingsovereenkomst). Avoid phrases such as “due to underperformance” or “summary dismissal”, otherwise the UWV will impose a sanction.
Important time limits to remember
- 14 days — statutory reflection period after signing the settlement agreement (vaststellingsovereenkomst)
- 2 months — period to annul summary dismissal (article 7:686a BW)
- 3 months — claim transition payment (transitievergoeding) via the sub-district court
- 3 months — apply for WW benefits at the UWV
What you should avoid
Do not post on LinkedIn before everything is clear. Do not take customer data or files that could be regarded as trade secrets. Do not send angry emails; these weaken your position. Keep all communication professional and factual. In the event of proceedings, the case will ultimately be heard by the Rechtbank Zeeland-West-Brabant in Breda.