Best Wrongful Termination Lawyers in Borgholm

About Wrongful Termination Law in Borgholm, Sweden

Wrongful termination in Borgholm is governed by Swedish national labor law, primarily the Employment Protection Act known as LAS. Even though Borgholm is a local municipality, the same rules apply across Sweden. In simple terms, an employer may only end a permanent employment when there are objective reasons - in Swedish sakliga skäl - either redundancy due to business reasons or personal reasons relating to the employee. Termination that lacks objective reasons, ignores required procedures, or is based on unlawful motives such as discrimination can be challenged as wrongful.

Swedish law also recognizes summary dismissal - avskedande - for gross misconduct, which is a higher threshold than ordinary termination with notice. Employees on fixed-term or probationary contracts are protected too, although the rules differ from permanent employment. Collective bargaining agreements and union representation are highly influential and often add protections and procedures on top of the statutes.

If you believe you were dismissed without valid reasons, without proper process, or for a prohibited reason, you may be able to claim invalidity of the termination and compensation. Strict deadlines apply, so swift action is important.

Why You May Need a Lawyer

A lawyer experienced in Swedish employment law can help you in situations such as:

- You were told you are redundant, but you suspect the redundancy is not genuine, you were unfairly selected, or the employer did not consider redeployment.

- You received a termination for personal reasons without prior warnings, support, or a clear basis, or after conflicts or performance concerns that were not handled properly.

- You were summarily dismissed for alleged misconduct and you dispute the facts or believe the conduct does not meet the strict legal test for summary dismissal.

- You were dismissed while pregnant, on parental leave, after reporting wrongdoing, after requesting accommodations for a disability, or after union activity, raising possible discrimination or retaliation.

- You are on probation or a fixed-term contract and the employer ended the employment early or without following mandatory steps.

- You need urgent help to meet short challenge deadlines, manage union or court procedures, or negotiate a settlement and reference.

- You want advice on notice pay, vacation pay, damages, non-compete clauses, confidentiality, or reemployment priority rights.

Local Laws Overview

Key Swedish rules that matter for wrongful termination in Borgholm include:

Grounds for ending employment: For permanent employment, the employer must have objective reasons - sakliga skäl. These are either redundancy for business or organizational reasons, or personal reasons tied to the employee. Personal reasons generally require prior warnings and an opportunity to improve unless the breach is severe.

Summary dismissal - avskedande: Allowed only for serious breaches where the employee has grossly neglected their obligations. No notice is paid if justified. The threshold is high and must be proven by the employer.

Notice periods and pay: Statutory notice for employer-initiated termination ranges from at least one month up to several months depending on length of service. Collective agreements may set different periods. Employees normally receive salary and benefits through the notice period if working or released from duty.

Redundancy selection - turordning: Selection is typically last-in-first-out within a defined group, subject to the requirement that selected employees must have sufficient competence for available roles. Employers must first consider redeployment - omplaceringsskyldighet. Employers can exempt a limited number of employees for business-critical reasons, and collective agreements may adjust the rules.

Reemployment priority: Employees terminated for redundancy often receive a reemployment priority for a defined period if they have sufficient service time. You must express your interest in writing within the required time to benefit.

Procedural duties: Employers must provide written notice, include information about how to contest, and in many cases negotiate with the relevant union under the Co-determination Act - MBL - before deciding on redundancies or significant changes. Failure to follow procedure can make a termination unlawful.

Protected grounds and retaliation: Termination may not be based on discrimination prohibited by the Discrimination Act, retaliation for whistleblowing under the whistleblower protection law, parental leave, union activity, or other protected rights. Such motives can make a dismissal unlawful regardless of other circumstances.

Probation and fixed-term contracts: Probation can last up to six months and may be ended with shorter formalities, but not for discriminatory or retaliatory reasons. Fixed-term contracts normally run to their end date and cannot be ended early without cause unless the contract or collective agreement allows it.

Dispute path and forums: Unionized disputes often proceed through negotiations and can be brought directly to the Swedish Labour Court. Individual employees without collective agreements typically start in the local district court - for Borgholm, the Kalmar District Court - with possible appeal to the Labour Court.

Deadlines: Challenge deadlines are short. As a guide, an employee usually must protest an ordinary termination within two weeks of receiving the notice, and a summary dismissal within one week. Additional time limits apply for filing suit after negotiations. If the written notice did not include required information, time limits can be extended. Seek advice quickly to protect your rights.

Remedies: Courts can declare a termination invalid and award economic damages for lost pay plus general damages for violation of rights. Since recent reforms, employment typically ends at the end of the notice period during the dispute, but you may still be reinstated and compensated if you win.

Frequently Asked Questions

What counts as wrongful termination in Borgholm and Sweden?

Wrongful termination generally means a dismissal that lacks objective reasons, violates required procedures, or is based on an unlawful motive such as discrimination or retaliation. It also includes summary dismissals that do not meet the strict legal standard for gross misconduct.

How fast do I need to act if I want to challenge a dismissal?

Deadlines are short. As a rule of thumb, you usually must notify the employer that you contest an ordinary termination within two weeks of receiving the notice, and a summary dismissal within one week. Additional deadlines apply for negotiations and filing a claim. If the employer failed to inform you of how to contest, time limits may be longer. Get legal or union help immediately.

What if I am in a union?

Contact your union right away. Unions have negotiation rights under MBL and can demand bargaining, represent you, and bring cases to the Labour Court. Many collective agreements also contain additional protections and transition support.

Can my employer pick anyone for redundancy?

No. The employer must genuinely have redundancy reasons, must try to redeploy you to suitable available work, and must apply fair selection rules based on length of service and competence, subject to limited exemptions and any collective agreement rules. Unfair selection can be challenged.

Do I get severance pay in Sweden?

There is no general statutory severance. You are usually entitled to pay and benefits during the notice period, vacation pay, and other earned compensation. Many collective agreements and industry transition organizations provide additional financial support and outplacement after redundancy.

I was on probation. Do I have any protection?

Yes. Probation can be ended with shorter formalities, but not for discriminatory or retaliatory reasons. The employer should inform you in writing and usually notify your union. If the real reason is unlawful or the procedure was defective, you may have claims.

What if I was fired after reporting wrongdoing?

Swedish whistleblower law protects employees who report serious wrongdoing in the workplace. Retaliation, including termination, for protected reporting is unlawful. Keep records of your reports and seek advice quickly.

Can I be terminated while on parental leave or due to illness?

Employers may not terminate you because you are on parental leave or because of disability. For health-related performance issues, the employer must normally fulfill a rehabilitation and adjustment duty before considering termination. Unlawful motives can be challenged.

What compensation can I receive if I win?

You can seek economic damages for lost income and benefits and general damages for the violation of your rights. The court can also declare the termination invalid and order reinstatement. Settlement agreements commonly include compensation and a neutral reference.

Which court handles my case in Borgholm?

If you are not covered by a collective agreement path to the Labour Court, you typically file in the Kalmar District Court. Union-backed cases can go directly to the Swedish Labour Court. Legal counsel can confirm the correct forum and manage required negotiations first.

Additional Resources

Swedish Labour Court - Arbetsdomstolen - publishes precedents that guide how wrongful termination rules are applied.

Swedish National Mediation Office and local unions - Unionen, IF Metall, Kommunal, Vision, and others - provide negotiation and advisory support for members.

Swedish Work Environment Authority can advise on work environment duties that sometimes intersect with performance or health-related dismissals.

Discrimination Ombudsman - DO - provides guidance and can pursue cases concerning discriminatory dismissals.

Public employment and transition organizations - such as the Swedish Public Employment Service and industry transition funds like TRR or TSL where applicable - offer job-search and financial support after redundancy.

Local courts - Kalmar District Court for initial filings in many non-union cases - can provide procedural information about employment disputes.

Next Steps

1. Write down a timeline. Record what happened, who said what, and when. Save emails, meeting notes, policies, warnings, and your employment contract.

2. Check your notice. Confirm dates, reasons given, and whether the notice includes information about how to contest and your reemployment rights.

3. Contact your union if you are a member. Ask them to open negotiations and advise on deadlines under your collective agreement.

4. Consult an employment lawyer quickly. Ask for an initial assessment of grounds, procedure, deadlines, forum, and strategy. Bring your documents and the full timeline.

5. Preserve deadlines. If you intend to challenge, send a brief written protest to the employer within the statutory time limits and request union negotiations where applicable.

6. Consider settlement. Many disputes resolve through negotiated agreements covering compensation, references, and any post-employment terms.

7. Review insurance and legal aid. Home insurance often includes legal expenses coverage for employment disputes. Union membership may include legal representation. Means-tested state legal aid may be available in some cases.

8. Register for support. If you were made redundant, promptly register with the public employment service and any transition organization applicable under your collective agreement to access benefits and coaching.

This guide is general information. It is not legal advice. Swedish employment disputes move quickly, and outcomes depend on the facts. Speak with a qualified employment lawyer or your union as soon as possible to protect your rights in Borgholm.