Best Wrongful Termination Lawyers in Brabrand

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Gellerupparkens Retshjælp
Brabrand, Denmark

Founded in 1975
3 people in their team
English
Gellerupparkens Retshjælp is an independent legal aid institution based in Brabrand, Denmark, providing free legal advice to all members of the public regardless of residence or income. The office traces its origins to January 1975 and became an independent entity after separating from Aarhus...
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About Wrongful Termination Law in Brabrand, Denmark

Wrongful termination in Brabrand, Denmark refers to situations where an employee believes their employment has ended in breach of applicable law, contract or collective agreement. Employment relationships in Denmark are governed by national legislation, individual employment contracts and, where relevant, collective bargaining agreements. Brabrand falls under the jurisdiction of the Danish court system and national employment rules, so the same basic legal principles that apply across Denmark will apply to dismissals in Brabrand. Remedies commonly include compensation for lost wages, notice pay, contractual damages and, in some limited circumstances, reinstatement or negotiated settlements.

Why You May Need a Lawyer

Employment disputes can be legally complex and fact-sensitive. A lawyer can help you assess whether your dismissal was unlawful and explain the realistic remedies. Common situations where legal help is beneficial include:

- You were dismissed without the required notice or without following contractual procedures.

- You believe the dismissal was discriminatory - for example based on gender, age, pregnancy, religion, disability, ethnicity or trade-union activity.

- You were dismissed in retaliation for whistleblowing, raising health and safety concerns, or asserting statutory rights.

- Your employer claims a business-related justification such as redundancy or reorganisation and you dispute the factual basis or the selection process.

- You are covered by a collective agreement that sets out special complaint or arbitration procedures.

- You want to seek reinstatement, a negotiated settlement, or damages and need assistance preparing claims, negotiating with the employer or representing you in court or mediation.

Local Laws Overview

Key legal points relevant to wrongful termination in Brabrand, Denmark include:

- Contract and notice rules: Your written employment contract and any applicable collective agreement usually set out notice periods and termination procedures. If not specified, national rules and customary practice govern notice and final pay.

- The Salaried Employees Act (Funktionaerloven): This law applies to many white-collar employees and sets minimum notice periods and certain protections. Whether it applies depends on the employee status defined in the legislation.

- Collective agreements: Many Danish workplaces are covered by collective bargaining agreements. Those agreements often provide specific procedures for disputes, notice periods and severance or compensation rules. Union representation can be decisive in the process.

- Anti-discrimination protections: Danish law and EU directives prohibit dismissal for discriminatory reasons. If an employer can be shown to have dismissed an employee for a protected characteristic, that may render the dismissal wrongful.

- Sickness and parental leave: Termination in connection with illness, disability or parental leave is sensitive. Employers must consider rehabilitation and reasonable accommodation measures and follow statutory rules. Whether a dismissal is lawful depends on facts and the employer's conduct.

- Mass redundancies and information obligations: Employers planning significant redundancies must follow consultation and information obligations under Danish rules. Failure to follow those procedures can give rise to claims.

- Remedies and procedure: Individual dismissal disputes are usually pursued through negotiation, union procedures or civil courts. The Labour Court (Arbejdsretten) deals primarily with collective disputes. Courts commonly award damages and lost wages rather than ordering reinstatement. Time limits apply for bringing claims, so act promptly.

Frequently Asked Questions

Can my employer dismiss me at any time?

No. While employers in Denmark often have the right to terminate employment with notice, they must respect contractual notice periods, collective agreements and statutory protections. Dismissals must not violate anti-discrimination rules or other protective rules, and certain procedural steps may be required in cases of redundancy or mass lay-offs.

What counts as wrongful termination?

Wrongful termination can include dismissal in breach of the employment contract or collective agreement, dismissal for discriminatory or retaliatory reasons, termination without required notice, or failure to follow legally mandated consultation procedures. The exact definition depends on the facts and applicable rules.

How soon should I act after being dismissed?

Act promptly. Save written communications, request a written termination letter if you have not received one, check your employment contract and any collective agreement, contact your union or employment lawyer and register with your unemployment insurance fund if applicable. Legal time limits vary, and delaying can reduce your options.

Can I be reinstated to my job?

Reinstatement is possible but uncommon. Danish courts more often award monetary compensation for wrongful dismissal than order reinstatement. Reinstatement may be more likely where the dismissal was clearly unlawful and the employment relationship can realistically be resumed.

What damages can I get if I win a wrongful termination claim?

Possible remedies include compensation for lost wages during the notice period or after dismissal, damages for breach of contract, severance payments if provided by contract or collective agreement, and compensation for discrimination or unlawful retaliation. The amount depends on your salary, length of unemployment and the strength of your legal claim.

Do collective agreements change the process?

Yes. If your workplace is covered by a collective agreement, it may set out specific termination rules, notice periods and complaint or arbitration procedures. Unions often handle disputes and can pursue claims on your behalf. Sometimes you must follow union procedures before going to court.

Am I protected if I was dismissed while on sick leave or parental leave?

There are special protections for employees on sick leave or parental leave. Employers must consider rehabilitation and accommodation and must follow statutory rules. Whether dismissal is unlawful depends on the employer's reasons and whether they complied with their obligations. Seek advice promptly if your dismissal relates to illness or leave.

What if my employer says my role was made redundant?

Redundancy is lawful if the employer has a genuine operational reason and follows fair selection and consultation procedures. You should ask for documentation of the redundancy process, check whether the selection was objective and non-discriminatory and whether alternatives were considered. A lawyer or union can assess whether the redundancy was legitimate.

Can I make a claim without a lawyer?

Yes, but having legal or union support significantly improves outcomes in complex dismissal cases. Many unions offer free legal assistance to members. For individuals, a lawyer can help evaluate the claim, calculate damages, negotiate settlements and represent you in court or mediation.

Where will a wrongful termination dispute be decided?

Individual employment disputes are typically decided in the Danish civil courts (first instance courts such as the local district court). Collective disputes are often handled by the Labour Court. Depending on your contract and the nature of the dispute, alternative dispute resolution or arbitration may also be available. Local court in your area for Brabrand is Retten i Aarhus for first instance civil matters.

Additional Resources

Useful bodies and resources for someone in Brabrand seeking help with a wrongful termination matter include:

- Your trade union or a-kasse (unemployment insurance fund) - for advice, representation and practical support.

- Retten i Aarhus - local court for civil employment disputes in the Aarhus area.

- Arbejdsretten - the Danish Labour Court, for collective disputes and issues involving collective agreements.

- Borger.dk - the Danish citizen information portal for practical guidance on employment rights, unemployment benefits and procedures.

- Retsinformation - the official online legal database for Danish legislation and statutes.

- Arbejdsmiljovamet (Danish Working Environment Authority) - for issues linked to workplace health, safety and related protections.

- Aarhus Kommune - Jobcenter - for local employment services, benefits and registration after dismissal.

- Legal aid clinics and private employment law firms in Aarhus - for individual legal representation if you are not union-represented.

Next Steps

If you believe you have been wrongfully terminated in Brabrand, Denmark, take the following steps:

1. Request written confirmation of the dismissal and the stated reason. Check your employment contract and any collective agreement for notice periods and procedures.

2. Preserve evidence - keep emails, messages, performance reviews, medical notes and any documentation related to the dismissal or the employer's justification.

3. Contact your trade union or a-kasse immediately if you are a member - they often provide early legal advice and can handle negotiations or complaints.

4. Seek legal advice from a lawyer who specialises in Danish employment law if you are not union-covered or if the matter is complex. Ask about time limits and likely remedies.

5. Register with your unemployment insurance fund and the local job centre to protect your rights to benefits and to comply with administrative obligations.

6. Consider negotiation or mediation as a faster, less formal route to a settlement, but do so with legal guidance so you understand the consequences of any agreement.

7. If a claim is necessary, prepare to bring your case in the appropriate forum - this may be through union procedures, mediation, local civil courts or other dispute-resolution bodies. Keep in mind that courts generally favour timely action and thorough documentation.

Acting quickly and getting specialist advice will give you the best chance of protecting your rights and achieving a satisfactory resolution.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.