Best Wrongful Termination Lawyers in Diever

About Wrongful Termination Law in Diever, Netherlands

Wrongful termination in the Netherlands is commonly referred to as unlawful dismissal or onterecht ontslag. Although this guide is tailored for people in Diever, the rules come from national Dutch law and apply across the country. In short, an employer may not end an employment contract without a legally valid ground and the correct procedure. Most dismissals require prior approval from the Employee Insurance Agency UWV or a decision from the subdistrict court kantonrechter. Dismissal must also respect notice periods and special protections such as the prohibition on giving notice during pregnancy, maternity leave, and the first 104 weeks of sickness.

Employees who are dismissed unlawfully can ask for reinstatement, continued pay, and or compensation. Common forms of compensation include the statutory transition payment transitievergoeding and, in serious cases of employer fault, an additional fair compensation billijke vergoeding. Many Dutch terminations also happen by mutual agreement through a settlement agreement vaststellingsovereenkomst. Even then, the employee has a legal cooling-off period to reconsider.

Why You May Need a Lawyer

You may benefit from a lawyer if you are facing a dismissal for alleged underperformance or misconduct, a redundancy reorganization, or an immediate dismissal ontslag op staande voet. These situations often turn on evidence, deadlines, and procedural requirements. A lawyer can assess whether the employer used the correct route UWV or court, whether the ground for dismissal is strong enough, and whether the employer met its redeployment duty herplaatsingsplicht.

Legal help is also valuable if you received a settlement agreement to sign. A lawyer can evaluate the financial terms such as the transition payment and any extra severance, the end date, reference wording, release waiver, garden leave, and non-compete clauses. They can also safeguard your 14-day cooling-off right and negotiate improvements.

Other common reasons to seek counsel include termination during sickness or pregnancy, suspected discrimination, retaliation after whistleblowing, disputes about notice periods or accrued vacation pay, and enforcement or narrowing of non-compete and relationship clauses. If needed, a lawyer can act quickly to file objections within strict statutory deadlines or request urgent court relief for continued pay.

Local Laws Overview

Diever residents are covered by national Dutch employment law in the Dutch Civil Code Burgerlijk Wetboek, Book 7. Key points include the requirement for a valid ground for dismissal and a correct procedure. Economic reasons or long-term incapacity after 104 weeks are handled through UWV permission. Personal grounds such as underperformance, culpable acts, or a damaged working relationship are handled by the subdistrict court. Since the introduction of the Balanced Labour Market Act WAB, a combination ground i-grond allows the court to consider a mix of personal reasons in limited cases.

Notice periods usually are 1 month for employees unless the contract says otherwise and, for employers, 1 to 4 months depending on length of service. After UWV permission, an employer can deduct the UWV processing time from the notice period, but at least 1 month of notice must remain. Special dismissal prohibitions opzegverboden apply during pregnancy and maternity leave, during the first 104 weeks of sickness with limited exceptions, and for works council members and some other protected situations. Discrimination based on protected characteristics is forbidden and can invalidate a dismissal.

Transition payment transitievergoeding is owed in most involuntary terminations and in some non-renewals of fixed-term contracts. It accrues from the first day of employment at a rate of one third of a monthly salary per year of service, calculated pro rata. If the employer acts in a seriously culpable way, the court can grant additional fair compensation. If the employee is seriously culpable, the transition payment may be denied.

Immediate dismissal ontslag op staande voet is only valid if there is an urgent cause such as theft or violence, the dismissal is given immediately, and the reason is stated immediately. Employees can challenge such a dismissal and seek pay or compensation. Many disputes in Diever will be heard by the subdistrict sector of the District Court of Northern Netherlands Rechtbank Noord-Nederland, with proceedings commonly handled in Assen or another nearby court location.

Frequently Asked Questions

What counts as wrongful termination in the Netherlands?

A termination is likely unlawful if there is no reasonable ground, the employer used the wrong route, notice rules were broken, a dismissal prohibition applied, or the employer failed to explore redeployment options. Terminations based on discriminatory motives or retaliation for whistleblowing can also be unlawful.

Can I be fired while I am sick?

During the first 104 weeks of sickness there is a general prohibition on giving notice. There are limited exceptions, for example, summary dismissal for an urgent cause. After 104 weeks, dismissal for long-term incapacity is possible but normally requires UWV permission and a proper reintegration process.

What is the transition payment transitievergoeding and when do I get it?

The transition payment is a statutory severance owed in most involuntary terminations and in some non-renewals of fixed-term contracts. It starts accruing from day one of employment and is generally one third of a monthly salary per year of service, calculated pro rata. It is not owed if the employee acted seriously culpably, and it can be supplemented by extra negotiated severance in a settlement agreement.

What are the deadlines to challenge a dismissal?

Deadlines are strict. If you are dismissed with UWV permission or by immediate dismissal, you usually have 2 months from the end date to ask the subdistrict court for reinstatement, continued pay, or compensation. If your employment ended by court order, you can appeal within 3 months. Claims for an unpaid transition payment generally must be filed within 3 months of the due date.

My employer offered a settlement agreement. Should I sign it?

Do not sign before legal review. A lawyer can check whether the financial package is fair, whether the end date and reference are appropriate, and whether restrictive covenants are limited. You have a statutory 14-day cooling-off period to revoke after signing in writing. If the agreement does not mention this right, the period is 21 days.

What if I was dismissed for underperformance?

For a performance-based dismissal, the employer must show clear performance issues, proper warnings, and that you were given time and support to improve. The court will also look at whether redeployment within a reasonable time was possible. Missing these steps can render the dismissal unlawful or lead to compensation.

How do notice periods work?

Employees usually have a 1-month notice period unless agreed otherwise in writing. Employers have longer periods based on service length, from 1 to 4 months. After UWV permission, an employer may deduct the UWV processing time from the notice period, but at least 1 month must remain. Contractual terms and any applicable collective agreement cao may modify these rules.

Can my employer enforce a non-compete after termination?

Non-compete and relationship clauses are strictly assessed. In fixed-term contracts they are only valid if a written justification is included. Even in open-ended contracts, a court can limit or nullify a clause if it is unreasonably burdensome compared to the employer’s interest, especially in the case of a dismissal not attributable to the employee.

What happens in a collective redundancy?

If 20 or more redundancies are planned within 3 months in one UWV district, the Collective Redundancy Notification Act WMCO applies. The employer must consult unions and the works council and notify UWV and the Social and Economic Council SER. Objective selection criteria such as last-in-first-out per age group apply, and redeployment must be considered.

I reported wrongdoing and was let go. Do I have protection?

Yes. The Whistleblowers Protection Act Wet bescherming klokkenluiders provides protection against retaliation, including dismissal, for reporting suspected wrongdoing that affects the public interest. The Whistleblowers Authority Huis voor Klokkenluiders can give guidance. If you suspect retaliation, seek legal advice promptly.

Additional Resources

Employee Insurance Agency UWV - handles employer dismissal applications for economic reasons and long-term incapacity and provides guidance on procedures and benefits.

Subdistrict Court kantonrechter at the District Court of Northern Netherlands - handles dismissal cases on personal grounds, challenges to UWV-based terminations, and summary dismissal disputes.

Netherlands Labour Authority Nederlandse Arbeidsinspectie - oversees compliance with labour laws and can advise on rights and obligations.

The Legal Aid Board Raad voor Rechtsbijstand and Het Juridisch Loket - provide information about eligibility for subsidized legal aid and first-line legal support.

Trade unions such as FNV and CNV and any works council OR in your company - offer advice, representation, and support during reorganizations and negotiations.

Netherlands Institute for Human Rights College voor de Rechten van de Mens - addresses discrimination complaints that can relate to dismissals.

Whistleblowers Authority Huis voor Klokkenluiders - offers advice on protected disclosures and retaliation issues.

Next Steps

Start by collecting key documents. Save your contract, any applicable collective agreement, handbooks, performance reviews, warnings, emails, WhatsApp messages, sickness records, and the dismissal letter or settlement proposal. Create a timeline of events with dates and names.

Do not miss deadlines. Note the 2-month deadline to challenge a UWV-based or summary dismissal, the 3-month period for appealing a court termination, and the 3-month period for claiming an unpaid transition payment. If you signed a settlement agreement, remember the 14-day cooling-off right.

Seek qualified legal advice quickly. In Diever and the wider Drenthe region, employment disputes are commonly handled before the subdistrict sector of the District Court of Northern Netherlands. Contact an employment lawyer arbeidsrechtadvocaat or your union. If you have legal expenses insurance rechtsbijstandverzekering, notify your insurer immediately. Ask about eligibility for subsidized legal aid if needed.

Do not sign anything under pressure. Have a lawyer review any settlement agreement and help you negotiate terms such as compensation, end date, reference text, waiver scope, non-compete adjustments, garden leave, and payment of legal fees.

If pay has stopped or you were dismissed on the spot, consider urgent relief. Your lawyer can request preliminary measures to claim continued wages or suspend a non-compete while the dispute is pending.

Throughout the process, maintain professionalism and document interactions. Clear records and timely action are often decisive in wrongful termination cases in the Netherlands.