Best Wrongful Termination Lawyers in Dornach

About Wrongful Termination Law in Dornach, Switzerland

Wrongful termination in Switzerland refers to dismissals that breach statutory protections or contractual terms. In Dornach, which lies in the canton of Solothurn, employment disputes are handled under Swiss federal law, primarily the Swiss Code of Obligations, with procedures governed by the Swiss Civil Procedure Code. Swiss law allows ordinary termination with notice, but it prohibits dismissals for abusive reasons and bans notice during specific protected periods. It also sets rules for summary dismissal, mass redundancies, and employee consultation.

Because most employment rules are federal, the core principles that apply in Zurich or Geneva also apply in Dornach. Local specifics mainly concern the competent authorities for conciliation and court proceedings, and practical aspects such as language and the local employment office. German is the principal language used by authorities in the canton of Solothurn.

Why You May Need a Lawyer

You may need a lawyer if you suspect your dismissal was abusive, if you received notice during a protected period such as illness or pregnancy, or if you were summarily dismissed without a serious reason. A lawyer can assess your facts against the legal standards and preserve your rights within strict deadlines.

Legal support is also valuable when negotiating a severance or settlement. Although Swiss law does not grant a general right to severance, negotiated agreements are common. Counsel can help you secure fair terms such as salary continuation, bonus treatment, garden leave, release language, reference wording, and non-compete adjustments.

If your employer is implementing a reduction in force, a lawyer can advise you on collective redundancy rules, consultation rights, selection criteria, and the employer’s duty to notify the authorities. If you face retaliation for raising concerns, whistleblowing, or union activity, you should seek prompt advice to document events and assert claims.

Employees with complex pay structures, long notice periods, or equity awards benefit from legal guidance to protect vested and unvested benefits, prorated bonuses, and share option treatment under plan rules. Expatriate contracts, posted worker arrangements, and cross-border commuters can involve additional considerations on jurisdiction, choice of law, and social insurance.

Local Laws Overview

Ordinary termination with notice is permitted under Articles 335 to 335c of the Swiss Code of Obligations. Standard statutory notice after probation is 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, in each case to the end of a month. Written agreements and collective agreements may modify these periods within legal limits. The default probation period is one month and can be adjusted by written agreement to a maximum of three months, during which the notice period is seven days.

Abusive termination is addressed in Article 336. A dismissal is abusive if, for example, it is based on the employee’s personality characteristics, involves punishment for exercising constitutional rights, targets union membership or activities, aims to prevent the employee from accruing claims, or retaliates because the employee good-faith asserts contractual claims. An employee who believes a dismissal is abusive must object in writing before the end of the notice period. If no agreement is reached, the employee must file a claim within 180 days after the employment ends. The main remedy is compensation up to six months of salary, not reinstatement.

There are strict bans on giving notice during so-called blocking periods under Article 336c. The employer may not give notice while the employee is incapable of work due to illness or accident for up to 30 days in the first year of service, 90 days in years two to five, and 180 days from year six onward. Notice is also prohibited during the employee’s military or civil protection service and during pregnancy and for 16 weeks after childbirth. If notice was given before the protected period starts, the running of the notice period is suspended during the protected period and resumes afterward. Notice given during a prohibited period is invalid.

Summary dismissal without notice is permitted only for serious cause under Article 337. It requires circumstances that make continued employment unreasonable. If an employer summarily dismisses without serious cause, the employee is owed what they would have earned until the end of the ordinary notice period and may receive additional compensation up to six months of salary. Employees also have the right to resign with immediate effect for serious cause.

Collective redundancies are governed by Articles 335d to 335g. Employers above certain thresholds must inform and consult the workforce and notify the competent cantonal employment authority. In Dornach, notifications go to the cantonal office in Solothurn responsible for employment and labor market matters. Consultation does not prevent dismissals but ensures dialogue about mitigation, selection, and social plans where applicable.

There is no general statutory right to severance pay in Switzerland. An older provision that can grant severance to long-serving employees is rarely applied today because mandatory occupational pensions usually offset it. Severance is mainly a matter of negotiation or collective agreements.

Employees are entitled to a truthful and benevolent employment reference and to a simple confirmation of employment on request. You may also request the employer’s written reasons for termination. Non-compete clauses are valid only if they are proportionate in time, geography, and scope and require a legitimate business interest. They may be reduced by a court if excessive.

Procedurally, employment disputes begin with a mandatory conciliation attempt before the local conciliation authority. In the canton of Solothurn, the competent authority depends on where the employer is based or where the work is performed, which for Dornach residents will usually be within the cantonal structures. Conciliation is informal and low cost. If conciliation fails, the matter proceeds to the labor court under the Swiss Civil Procedure Code. Low-value claims benefit from simplified procedure and reduced cost risks.

Frequently Asked Questions

What counts as wrongful or abusive termination in Switzerland

Abusive termination covers dismissals for illegitimate motives, such as personality traits, union activity, exercising constitutional rights, or retaliation for asserting contractual claims. It also includes dismissals aimed at depriving the employee of claims that would soon arise. You must object in writing before the end of the notice period and bring any claim within 180 days after the employment ends.

Can my employer dismiss me while I am on sick leave

No, the employer cannot give notice during protected sickness periods. The ban lasts up to 30 days in the first year of service, 90 days in years two to five, and 180 days from year six onward. If notice was given before the sickness began, the notice period is suspended during the incapacity and resumes after it ends.

What if I am pregnant or on maternity leave

Notice is prohibited throughout pregnancy and for 16 weeks after childbirth. Any notice given during that time is invalid. After the protected period, the ordinary notice rules apply.

Do I have a right to severance pay

There is no general statutory severance in Switzerland. Severance may arise from a collective agreement or an individual settlement. A legacy legal provision for long-serving employees exists but is rarely used because occupational pension benefits usually offset it. Many employees negotiate severance as part of a separation agreement.

Can I get my job back if the termination was abusive

Reinstatement is not the standard remedy. The usual remedy is compensation up to six months of salary if you meet the objection and filing deadlines and prove abuse. In rare cases involving special protections, other remedies may be available, but Swiss law generally favors monetary compensation.

How much notice am I entitled to

Unless your contract or a collective agreement states otherwise, the statutory notice is one month in the first year, two months in years two to nine, and three months from year ten onward, in each case to the end of a month. During probation, the notice is seven days. Written agreements can modify these rules within limits.

What should I do immediately after receiving notice

Ask for the reasons in writing, review your contract and any policies, collect evidence and communications, and note key dates. If you suspect abuse, object in writing before the notice period ends. Register with the regional employment center promptly to protect unemployment insurance rights, and speak with a lawyer about strategy and deadlines.

Is summary dismissal without notice legal

Yes, but only for serious cause that makes continued employment unreasonable. If the employer cannot prove serious cause, the dismissal is unjustified and you can claim salary for the remainder of the notice period plus possible compensation up to six months of salary.

How do I pursue a claim in Dornach

Employment cases start with a request to the conciliation authority in the canton of Solothurn. After conciliation, if no settlement is reached, you can file suit with the competent labor court. Keep the 180 day deadline in mind for abusive termination compensation claims. A local lawyer can identify the correct authority and prepare filings in German.

Do I need a lawyer or can I handle this myself

You can attend conciliation on your own, and the process is designed to be accessible. However, a lawyer increases your chances of meeting deadlines, preserving evidence, quantifying claims such as bonuses and pro rata payments, and negotiating a settlement with favorable terms, including a high quality employment reference.

Additional Resources

State Secretariat for Economic Affairs SECO. This federal body publishes guidance on employment law, mass redundancies, and unemployment insurance.

Cantonal Office for Economy and Labour in Solothurn. This office oversees labor market measures, collective redundancy notifications, and the network of regional employment centers RAV serving areas including Dornach.

Regional Employment Center RAV for the Dorneck-Thierstein district. Register here as soon as you receive notice to protect unemployment insurance rights and gain job search support.

Solothurn conciliation authority and labor courts. These bodies handle employment disputes beginning with mandatory conciliation proceedings.

Trade unions such as Unia or Syna and professional associations. They offer advice, representation, and sometimes legal protection for members.

Swiss Bar Association and the Solothurn Bar. These organizations can help you find an employment law attorney who practices near Dornach.

Legal expenses insurance providers. Many residents have personal legal protection insurance that may cover advice and representation in employment disputes.

Next Steps

Write to your employer promptly to request written reasons for the termination. If you believe the dismissal is abusive, send a written objection before the end of your notice period. Keep copies of all correspondence and note key dates such as the last working day and any protected periods.

Register with the regional employment center without delay. Early registration helps prevent gaps in benefits and provides job search assistance. Continue to apply for roles and document your efforts to comply with unemployment insurance requirements.

Consult a lawyer who practices employment law in the canton of Solothurn. Share your contract, policies, bonus plans, notices, medical certificates if relevant, and a timeline of events. Discuss potential claims, realistic outcomes, and settlement options.

Consider proposing a separation agreement that resolves pay during notice, treatment of bonuses and equity, garden leave, reference wording, non-compete adjustments, and a possible severance. A lawyer can draft or review terms and ensure tax and social insurance implications are addressed.

Watch the clock. For abusive termination compensation, object before the end of the notice period and file any claim within 180 days after the employment ends. For unjustified summary dismissal, seek advice immediately because evidence and mitigation steps are time sensitive.

If a collective redundancy is underway, ask your employer about the consultation process, selection criteria, and any social plan. If you are a protected employee such as a pregnant worker or an employee representative, ensure your specific protections are observed.

This guide provides general information about wrongful termination in Dornach and the canton of Solothurn. It is not legal advice. For advice on your situation, contact a qualified Swiss employment lawyer.