Reason for Termination

Should multiple reasons be provided when an employee requests justification for their termination? While offering various valid grounds may seem advantageous, it’s crucial to consider potential pitfalls.

CCT No. 109 states that an employee can demand a specific reason for their termination. Supplying multiple reasons can strengthen your case, but they must be concrete and provable. However, if you list several reasons, such as behavior and economic circumstances, the employee must prove that all these reasons are “manifestly unreasonable” to claim compensation for a manifestly unreasonable termination.

However, caution is needed regarding the risk of “discrimination.” Mentioning multiple reasons increases the likelihood that one of them might be discriminatory. A recent decision by the Brussels Labor Court illustrates this point. An employer had valid reasons to terminate an employee but included “periods of absence” in the list. The court considered this reference to “periods of absence” presumed discrimination based on the employee’s health, resulting in three months’ compensation instead of six.

To avoid such issues, it is advisable to cite only non-discriminatory reasons. While a list of reasons is not inherently problematic, ensure that none of them can be linked to a protected criterion. Otherwise, you might be required to pay compensation for discrimination, even if other reasons justify the termination.