Employment law for employers
Most claims employers lose are not about the decision to dismiss but about how it was done: a hearing held for the record, a payslip that does not reflect reality, no record of working hours. We advise employers before the exposure is created — and defend them in the labour court once it exists.
What we do for employers
- Running a dismissal end to end: the invitation, a real hearing, a reasoned decision, the termination letter.
- Defending claims by former employees — overtime, wage differentials, severance, unlawful dismissal.
- Auditing employment contracts, payslips and pension arrangements against the law and the extension orders.
- Settlement agreements and waivers that survive judicial scrutiny.
- Internal policies: discipline, prevention of sexual harassment, use of company information and intellectual property.
- Engaging freelancers, subcontractors and manpower agencies — and the risk of such engagements being recharacterised as employment.
Three exposures that recur in almost every case
No record of working hours. An employer who keeps none enters an overtime claim with the burden of proof on his side — which is usually the difference between a claim dismissed and a claim allowed.
A hearing for the record. Where the decision was made in advance and merely dressed in procedure, the court sees it and awards compensation even where the dismissal itself was justified.
A protected employee. Pregnancy, fertility treatment, maternity leave and the period after it, reserve duty — dismissal during these periods requires a permit or leads almost automatically to a claim. That check belongs before the employee is called in, not after.
Contractor or employee
Years of engaging a freelancer who works at the company’s premises and under its direction can be recharacterised as employment after the fact — with a retroactive claim for severance, pension, holiday and recuperation pay. The risk builds quietly and detonates when the engagement ends. We review how the relationship is structured and fix it while fixing is still possible.
How we work
In most cases ongoing support on a fixed monthly retainer costs less than a single successful claim. For companies without an HR department we are the address for day-to-day questions — before the decision has already been communicated to the employee.
Frequently asked questions
Can an employee be dismissed without a hearing?
No. The duty to hold a hearing applies to every employer, including a small company. It requires a written invitation, the reasons set out in advance, a genuine opportunity for the employee to respond, and real consideration of what is said. A defect in the process founds compensation in itself, separately from whether the dismissal was justified.
An employee has announced a pregnancy. Can she be dismissed?
Not before a legal check. Dismissing a pregnant employee requires, in defined circumstances, a permit from the Commissioner under the Employment of Women Law, and where no permit is needed the burden of justification still rests on the employer. Acting before checking is the shortest route to a claim.
An employee claims overtime that was never worked. What now?
First we establish what exists: clock-in records, work logs, correspondence. Where hours were recorded properly such claims fail. Where there is no record, we work with circumstantial evidence and a precise calculation of the exposure, so that negotiation proceeds from a grounded position.
Does a waiver signed by the employee protect me?
Only if it is drafted properly: the rights listed, the sums specified, an opportunity for the employee to take advice, and no pressure. A general, vague waiver is unlikely to be upheld.
Are non-competition clauses enforceable in Israel?
Only narrowly, and only where there is a legitimate interest to protect — a trade secret, special training, or separate consideration. A blanket ban on working in one's profession will not be enforced.
What does ongoing support cost?
It depends on the size of the company and the number of employees; usually a fixed monthly retainer, and for defence work a fee agreed in advance. We give figures after a short diagnostic meeting.
Contact us
Tel Aviv, 125 Menachem Begin Rd (Kiryat HaMemshala), floor E2; Ashdod, 6 HaGdud HaIvri St, Top Sea Mall, 20th floor, office 9. Sunday to Thursday, 09:00–18:00, by appointment. Phone 08-8648090, WhatsApp 058-764-8090, yoffe.law@gmail.com.
