Best Wrongful Termination Lawyers in Dornach

About Wrongful Termination Law in Dornach, Switzerland

Wrongful termination in Switzerland refers mainly to dismissals that violate the Swiss Code of Obligations or other applicable laws, such as abusive or discriminatory terminations, terminations at an inopportune time, or dismissals carried out without respecting mandatory procedures. Dornach is in the canton of Solothurn, so federal Swiss employment law applies, complemented by cantonal procedural rules and, for public sector roles, specific cantonal and municipal statutes.

Swiss law allows ordinary termination by either party, but it must respect notice periods and cannot be abusive. Some dismissals are prohibited during protected periods, and some categories of workers have special protection. Remedies typically include compensation rather than reinstatement in the private sector. Employees must act quickly to protect their rights, especially regarding written objections and filing deadlines.

Why You May Need a Lawyer

A lawyer can help you assess the legality of a termination, protect deadlines, and negotiate or litigate your claims. Common situations where legal help is valuable include:

- You suspect the dismissal was abusive, discriminatory, or retaliatory, for example after reporting misconduct or asserting statutory rights.- You were dismissed while pregnant, on maternity leave, or during illness or accident, and you are unsure if the notice is valid or suspended.- You received summary dismissal without notice and the stated reasons appear weak or untrue.- Your employer changed or ignored contractual or collective agreement notice periods or termination dates.- You work under a fixed-term, apprenticeship, or public sector employment and different rules may apply.- There has been a mass dismissal and you want to know about consultation rights and unemployment support.- You need help drafting the mandatory written objection to an abusive dismissal and calculating potential compensation.- You want to secure evidence, unpaid wages, bonuses, overtime, vacation pay, or a correct employment reference.- You are considering settlement and need someone to negotiate terms such as garden leave, release wording, and non-compete adjustments.

Local Laws Overview

- Legal framework: Most wrongful termination issues are governed by the Swiss Code of Obligations (Obligationenrecht, OR), particularly Articles 335 to 337c for ordinary and immediate termination, Article 336 for abusive termination, and Articles 335d to 335k for mass dismissals. Anti-discrimination rules, including the Gender Equality Act, may also apply. Public sector roles in Dornach follow cantonal or municipal public employment laws that can provide different remedies, sometimes including reinstatement.

- Form and reasons: Unless a contract or collective bargaining agreement requires it, termination does not have to be in writing. However, if you ask, the employer must state reasons in writing. To preserve an abusive termination claim, you must object in writing before the end of the notice period.

- Notice periods: Default notice periods after probation are 1 month in the first year of service, 2 months from year 2 to 9, and 3 months from year 10 onward, all to the end of a month, unless a written agreement or collective agreement sets different periods. The usual probation period is 1 month, extendable up to 3 months by written agreement, with a 7 day notice during probation.

- Termination at an inopportune time: Notice is prohibited or suspended during certain protected periods, including military or civil service, illness or accident for defined durations based on years of service, and pregnancy plus 16 weeks following childbirth. A notice given in these periods is invalid or the running of notice is suspended.

- Abusive termination: A dismissal is abusive if it violates the principle of good faith, for example because of personal characteristics unrelated to work performance, for asserting constitutional or contractual rights, for whistleblowing in good faith, or to deny employee claims. The main sanction is compensation of up to 6 months salary, not reinstatement, in the private sector.

- Summary dismissal: Immediate termination without notice is allowed only for good cause that makes continuation unreasonable. If unjustified, the employee may claim salary for the notional notice period and additional compensation. Disputes are common and fact sensitive.

- Mass dismissals: Employers planning large layoffs must inform and consult employees or their representatives and notify the cantonal employment office. Thresholds depend on company size. Failure to consult properly can make terminations abusive.

- Procedures in the canton of Solothurn: Employment disputes usually start with a conciliation authority before going to the competent court. The conciliation authority and district court with jurisdiction over Dornach handle employment claims. Proceedings are conducted in German. Strict deadlines apply for certain claims, notably abusive termination claims.

- Deadlines: To claim compensation for abusive termination, you must object in writing before the notice period ends and file your claim within 180 days after the employment ends. Other monetary claims can be subject to different limitation periods, so act promptly.

Frequently Asked Questions

What is considered wrongful or abusive termination in Switzerland?

Swiss law allows termination without cause, but not in an abusive way. Abusive examples include dismissals based on protected personal characteristics, retaliation for asserting rights or reporting irregularities in good faith, or to prevent legitimate claims from maturing. Dismissals that violate mandatory procedures, such as those during protected periods, can also be invalid or abusive.

What notice period applies to me in Dornach?

Default notice after probation is 1 month in year one, 2 months in years two to nine, and 3 months from year ten, each to the end of a month. Written agreements or collective bargaining agreements may set different periods, but notice must be the same for both sides. During probation, the notice period is 7 days.

Can my employer terminate me while I am sick, pregnant, or on military service?

Termination is prohibited or suspended during protected periods. If you are pregnant, dismissal is prohibited during pregnancy and 16 weeks after birth. If you are ill or injured after probation, the notice period is suspended for a limited number of days depending on your years of service. For military or civil service and certain mandated services, termination is also restricted. A notice given in these periods is invalid or the running of notice is paused.

How do I challenge an abusive termination and what deadlines apply?

Send a written objection to your employer before the end of the notice period stating that you consider the dismissal abusive and reserve your rights. If the employment ends, you must file your claim in the competent conciliation authority or court within 180 days of the end date. Missing these steps can defeat the claim for abusive termination compensation.

What if I was fired on the spot without notice?

Immediate termination is valid only for serious reasons that make continued work unreasonable. If the reason is insufficient, you can claim salary for the remainder of the notice period and potentially additional compensation. Act quickly, document everything, and seek advice. You may also need to mitigate damages by registering with unemployment services and seeking new work.

Am I entitled to severance pay?

There is no general right to severance pay in Switzerland. Severance may be owed only if agreed in a contract or collective agreement. The statutory severance provision for very long service exists but is rarely applicable today because pension arrangements usually cover this area. Abusive or unjustified dismissals can trigger compensation, which is different from severance.

Do I have a right to an employment reference?

Yes. You can request a written reference at any time, including a final reference at the end of employment. It must be truthful and fair, reflecting your performance and conduct. You can also ask for a simpler employment confirmation stating only the role and dates.

What are my rights in a mass layoff?

For large-scale redundancies, your employer must inform and consult employees or their representatives early, provide information on reasons, numbers affected, and timing, and notify the cantonal employment office. Consultation aims to reduce or avoid dismissals or mitigate consequences. If the employer skips consultation, individual dismissals can be considered abusive.

Should I register with unemployment insurance and when?

Yes. Register promptly with your Regional Employment Center, known as RAV, ideally as soon as you receive notice. Timely registration protects your entitlement to benefits and access to placement support. Keep all documents, including the termination letter and reference.

How do I start a case in Dornach and what is the process?

Most employment disputes in the canton of Solothurn begin at the conciliation authority for employment disputes. If conciliation fails, the case can proceed to the competent court for the Dornach area. Many employment cases are streamlined and court fees can be reduced or waived in certain circumstances. Proceedings are typically in German, and representation by a lawyer is recommended.

Additional Resources

- State Secretariat for Economic Affairs SECO labor law information and guidance materials.- Canton of Solothurn authorities, including the Amt für Wirtschaft und Arbeit and the Regional Employment Centers RAV for the Dorneck-Thierstein region.- Conciliation authority for employment disputes and the competent district court serving Dornach in the canton of Solothurn.- Trade unions such as Unia, Syna, and Travail.Suisse for member advice and representation.- Solothurn Bar Association for referrals to employment law attorneys.- Local legal aid and legal advice services in the canton of Solothurn offering low cost or free initial guidance.

Next Steps

- Do not delay. Note all dates, including the termination date, the end of the notice period, and any probation details.- Write a simple objection letter if you suspect abuse. State that you consider the dismissal abusive and that you reserve all rights. Send it before the notice period ends and keep proof of delivery.- Collect evidence. Save contracts, policies, emails, performance reviews, medical certificates, and any notes from meetings.- Register with RAV immediately to protect unemployment insurance rights, and actively seek work to mitigate damages.- Get legal advice. Contact a lawyer or your union. Ask about deadlines, compensation ranges, and realistic outcomes. If needed, request legal aid.- Consider negotiation. Many disputes settle. A lawyer can negotiate notice pay, bonus or vacation balances, garden leave, reference text, and non-compete adjustments.- File on time. If settlement fails, file at the conciliation authority within applicable deadlines. For abusive termination compensation, observe the 180 day post employment filing limit.

This guide provides general information and is not a substitute for tailored legal advice. Local procedures and facts matter. If you work in Dornach or for an employer based there, consult a qualified Swiss employment lawyer to assess your specific situation.