Best Wrongful Termination Lawyers in Arlesheim

About Wrongful Termination Law in Arlesheim, Switzerland

Wrongful termination in Switzerland refers to dismissals that violate statutory protections or are considered abusive under the Swiss Code of Obligations. Arlesheim is in the canton of Basel-Landschaft, but for private employment relationships the key rules are federal. Typical issues include dismissals during protected periods such as sickness or pregnancy, terminations for prohibited or discriminatory reasons, and immediate dismissals without just cause. Remedies often include compensation rather than reinstatement. Short deadlines apply, so early action is essential.

Why You May Need a Lawyer

A lawyer can help you assess whether your dismissal was unlawful or abusive, preserve your rights within strict timelines, and position you for the best outcome. Common reasons to seek legal help include being dismissed while sick or pregnant, receiving an immediate dismissal for alleged misconduct, suspecting discrimination or retaliation for asserting rights, facing a mass layoff, dealing with a complicated bonus or commission scheme, negotiating garden leave terms, challenging a non-compete clause, securing a fair work reference, and participating in the mandatory conciliation process before court. An experienced employment lawyer can evaluate evidence, draft the required objection letter, engage in settlement negotiations, and represent you before the conciliation authority and courts in Basel-Landschaft.

Local Laws Overview

Swiss Code of Obligations Articles 335 to 336c set out the general framework for termination. During the probation period, which is by default one month and can be extended up to three months in writing, either party may terminate with seven days notice. After probation, minimum notice periods are one month in the first year of service, two months from the second to the ninth year, and three months from the tenth year onward, unless lawfully varied. Notice generally runs to the end of a month unless the parties have agreed otherwise.

Abusive dismissal is defined in Article 336. It includes termination for reasons that infringe personality rights, for asserting contractual or constitutional rights in good faith, for union membership or lawful strike action, for military or civil service obligations, or for discriminatory motives. The usual remedy is compensation up to six months salary. To preserve this claim, an employee must object to the dismissal in writing before the end of the notice period, then bring the claim within 180 days after the employment ends.

Termination bans protect employees during certain periods. Under Article 336c, the employer may not give notice while the employee is unable to work due to illness or accident not at fault, up to 30 days in the first year of service, 90 days in years two to five, and 180 days from the sixth year onward. Notice is also prohibited during pregnancy and for 16 weeks after childbirth, and during periods of required Swiss military, civil protection, or civil service. A notice given during these protected periods is null and void.

Immediate dismissal for just cause is permitted only if circumstances make continued employment objectively unreasonable. If an employer terminates immediately without just cause, the employee can claim salary for the notice period and additional compensation up to six months salary.

Mass layoffs are regulated. Employers planning large redundancies must consult employees and notify the cantonal employment office. Larger companies may be required to negotiate a social plan. Failure to follow the process can lead to financial consequences.

Discrimination based on sex, including pregnancy, is prohibited by the Gender Equality Act. Discriminatory dismissal can lead to compensation up to six months salary. Public sector employees in Basel-Landschaft are subject to cantonal personnel laws with procedures that can differ from private law.

Non-compete clauses are enforceable only if they are reasonable in duration, geography, and scope. They often become unenforceable if the employer terminates the contract without the employee giving cause. Employees are entitled to an interim and final work reference describing performance and conduct truthfully and fairly.

Frequently Asked Questions

What counts as wrongful or abusive termination in Switzerland

A dismissal is abusive if it violates personality rights, targets union activity or lawful strike participation, punishes an employee for asserting legal rights in good faith, aims to deprive the employee of claims due, or is discriminatory, for example because of sex or pregnancy. It is also unlawful to give notice during statutory protection periods such as illness, pregnancy, or military service.

Can my employer dismiss me while I am sick

No, if you are unable to work due to illness or accident not at fault, termination is prohibited for 30 days in the first year of service, 90 days in years two to five, and 180 days from the sixth year onward. A notice given during that time is void. If notice was given before the incapacity, the notice period is suspended and resumes after the protection period ends.

What are the notice periods

Unless validly agreed otherwise in writing or by collective agreement, the minimum notice periods after probation are one month in the first year, two months from the second to the ninth year, and three months from the tenth year onward. The notice period typically ends at the end of a month.

What is the probation period and how does it affect termination

The default probation is one month and can be extended up to three months in writing. During probation, either party may terminate with seven days notice. Statutory protections against termination during illness also apply in probation, but with different counting rules because of the shorter notice.

Can I be dismissed for performance issues

Yes, poor performance can justify termination with notice, provided it is not a pretext for discriminatory or otherwise abusive reasons. For immediate dismissal, the threshold is much higher and requires serious misconduct. Employers should generally warn employees and document issues before dismissing for performance.

What compensation can I get for abusive dismissal

Courts can award compensation up to six months salary. This is a punitive and equitable amount, separate from any salary owed during the notice period, vacation pay, bonuses already earned or pro rata, and expense reimbursements. In Switzerland, reinstatement in the private sector is rare.

How quickly must I act if I think my dismissal was abusive

You must object to the dismissal in writing before the end of the notice period to preserve a compensation claim. After the employment ends, you generally have 180 days to file the claim. Deadlines in discrimination cases are also short. Get legal advice immediately.

Is severance pay required in Switzerland

There is no general statutory severance pay. A social plan in larger mass layoffs, a collective bargaining agreement, or an individual contract may provide severance. The old long service indemnity rule is usually displaced because most employees are covered by occupational pensions.

What happens if I am terminated with immediate effect

If there is just cause, the employment ends at once. If there is no just cause, you can claim the salary you would have earned during the notice period, plus potential compensation up to six months salary. Seek advice quickly to quantify claims and manage unemployment insurance issues.

Do I have to respect a non-compete after dismissal

Only if it is reasonable in time, geography, and scope, and you received confidential business information that could unfairly harm the employer. A non-compete is often unenforceable if the employer terminated the contract without the employee giving cause or if the employer seriously breached the contract. Review the clause with a lawyer.

Additional Resources

State Secretariat for Economic Affairs SECO - publishes guides on Swiss employment law, termination rules, and mass layoff procedures. These materials help employees understand their rights and the consultation process.

Basel-Landschaft Employment Office AWA - provides information on labor market measures and receives notifications of mass layoffs. It can explain consultation processes and available support.

Regional Job Centers RAV in Basel-Landschaft - offer unemployment registration and benefits guidance. Register promptly if you lose your job to avoid benefit gaps.

Federal Office for Gender Equality FOGE - provides information and tools related to discrimination and the Gender Equality Act, including guidance on pregnancy-related dismissals.

Cantonal conciliation authority for employment disputes in Basel-Landschaft - the mandatory first step for most employment claims. Proceedings are designed to encourage settlement and are relatively low cost.

Trade unions such as Unia and Syna, and worker associations like Travail Suisse - can offer initial advice, representation, and support during negotiations or conciliation.

Basel-Landschaft Office for Equality of Women and Men - provides information and may refer individuals to advisory services in discrimination cases.

Next Steps

Write down what happened. Note dates, conversations, witnesses, and keep all communications about your dismissal. Save your contract, policies, evaluations, warnings, medical certificates, pay slips, and bonus plans.

Check deadlines immediately. If you suspect an abusive or discriminatory dismissal, send a written objection before the end of the notice period. For immediate dismissals, act at once to assess claims.

Seek legal advice from an employment lawyer familiar with Basel-Landschaft practice. Bring your documents and a timeline. Ask about prospects, strategy, and costs.

Consider settlement. Many disputes resolve in conciliation with compensation, a positive reference, and agreed terms such as garden leave and release of the non-compete.

Register with your local RAV in Basel-Landschaft as soon as you know your job is ending. Timely registration protects unemployment insurance rights.

Do not sign agreements or acknowledgments under pressure. Ask for time to review and get advice, especially on waivers, non-competes, and confidentiality terms.

If negotiations do not resolve the matter, file with the conciliation authority in Basel-Landschaft within the applicable deadlines. Your lawyer can prepare submissions and represent you at the hearing.

Request an interim or final work reference promptly. Ensure it is accurate and balanced. If necessary, negotiate wording as part of any settlement.

Look after your next step. Maintain a job search record for unemployment insurance, and consider professional support services offered locally.

Taking early, well-advised action gives you the best chance to protect your rights and reach a practical resolution after a dismissal in Arlesheim.