Best Wrongful Termination Lawyers in Kalundborg

About Wrongful Termination Law in Kalundborg, Denmark

Wrongful termination in Denmark means a dismissal that violates employment statutes, collective agreements, or anti-discrimination rules, or a dismissal that lacks a fair basis where specific protections apply. The legal framework is national, so the same rules apply in Kalundborg as in the rest of Denmark, with disputes typically handled through unions, industrial arbitration, the Board of Equal Treatment, or the ordinary courts for the area. In practical terms, wrongful termination issues in Kalundborg often concern notice periods, discriminatory or retaliatory dismissals, improper summary dismissals without notice, and failures to follow procedures set out in collective agreements.

Denmark generally allows employers to dismiss employees on reasonable, objective grounds such as redundancy or performance, but there are important limits. Salaried employees enjoy specific statutory protections, many workers are covered by collective agreements with unfair dismissal rules, and strict prohibitions apply to dismissal due to pregnancy, parental leave, union activity, whistleblowing, or protected characteristics such as age, disability, religion, or ethnicity.

Why You May Need a Lawyer

You may need legal help if you believe you were dismissed for an unlawful reason such as pregnancy, parental leave, whistleblowing, or discrimination. Legal support is also important if you suspect your employer failed to follow the correct notice rules, relied on a 120-day sickness clause incorrectly, or used a summary dismissal without the serious misconduct required by law. A lawyer or union representative can assess evidence, explain your rights under the relevant statute or collective agreement, calculate potential compensation, and negotiate a settlement or take the case to arbitration or court.

Legal guidance is especially valuable if you are offered a settlement agreement and asked to waive your claims, if your contract includes non-compete or non-solicitation clauses that affect your next job, or if your dismissal is part of a larger redundancy process that triggers special consultation and notification rules. Timelines can be short in Danish employment disputes, so quick, informed action makes a difference.

Local Laws Overview

Most key rules are national. In Kalundborg, disputes usually follow the same pathways as elsewhere in Denmark. The following points summarize important aspects of Danish law that commonly arise in wrongful termination matters.

Notice and termination for salaried employees. Under the Salaried Employees Act, the employer must give written notice that increases with seniority. Typical employer notice is 1 month in the first months of employment, then 3 months after half a year, rising to 4, 5, and 6 months with longer service. A shorter 14-day notice can apply during an agreed probation period of up to 3 months. Employees usually have a 1-month notice obligation. Pay in lieu of notice and garden leave are lawful if the employee receives full pay and benefits during the notice period.

Unfair dismissal compensation for salaried employees. After a qualifying period of employment, salaried employees can claim compensation if a dismissal is deemed unjustified. Factors include the reason for dismissal, length of service, and consequences for the employee. Compensation is typically a number of months of salary. Reinstatement is rare in Denmark outside of certain discrimination or union protection cases.

Collective agreements for non-salaried employees. Many workers in Kalundborg are covered by collective agreements that include unfair dismissal protections and require consultation with a shop steward before termination. Disputes under collective agreements often go to industrial arbitration rather than ordinary courts.

Discrimination and equal treatment. Danish law prohibits dismissal based on protected characteristics such as gender, pregnancy, parental leave status, age, disability, race, religion, sexual orientation, and national or ethnic origin. If a pregnant employee or an employee on leave is dismissed, the employer bears a heavy burden to show that the dismissal was unrelated. Violations can lead to significant compensation.

Sickness and the 120-day rule. Illness does not by itself make a dismissal unlawful, but dismissals related to illness must have a fair basis and be handled carefully. A special 120-day sickness clause can allow shorter notice if it is expressly agreed in the contract, the employee has received salary during the sickness, and strict timing conditions are met. This clause is often misunderstood and misused, so legal review is prudent.

Summary dismissal without notice. Summary dismissal, called bortvisning, is only lawful for serious breach such as theft, violence, or severe disloyalty. The employer must act without undue delay after learning of the breach. If the threshold is not met, the employee can claim pay for the full notice period and potentially additional compensation.

Mass redundancies. When an employer proposes larger layoffs, the Act on Collective Redundancies requires information and consultation with employee representatives and notification to authorities. The thresholds depend on the size of the workplace. Failure to comply can lead to liability.

Right to reasons and documentation. An employee can request the employer’s written reasons for the dismissal. Employers should be able to point to objective, documented grounds such as economic conditions, organizational changes, or performance issues. Keep all correspondence, contracts, and performance records.

Deadlines and limitation. Denmark has a general 3-year limitation period, but many employment claims must be raised much sooner. Collective agreements often set short internal deadlines measured in weeks. Some discrimination claims have specific complaint deadlines. Act quickly and get advice to preserve your rights.

Where disputes are heard. Many cases are resolved through negotiation, mediation, or industrial arbitration. Discrimination complaints can go to the Board of Equal Treatment. If a lawsuit is necessary, cases from Kalundborg typically fall under the Holbæk District Court.

Frequently Asked Questions

What counts as wrongful termination in Denmark?

Wrongful termination includes dismissals that violate anti-discrimination rules, dismissals for union activity or whistleblowing, dismissals during protected periods like pregnancy or parental leave without lawful grounds, summary dismissals without serious misconduct, or dismissals that breach statutory or collective agreement procedures. For salaried employees, a dismissal without a fair basis can trigger compensation.

Can I be fired while on sick leave?

Yes, but only on a fair and well documented basis. Employers may terminate if long term or frequent absences significantly affect operations, but they must assess options like reassignment and follow any collective agreement consultation rules. A 120-day sickness clause can allow shorter notice, but it applies only if the clause is in your contract and strict conditions are met.

Can I be dismissed while pregnant or on parental leave?

It is unlawful to dismiss because of pregnancy, maternity, paternity, or parental leave. If you are dismissed during these periods, the employer must prove that the decision is unrelated to your pregnancy or leave and is based on objective grounds like a genuine redundancy. Violations can lead to substantial compensation and in rare cases reinstatement.

How much notice am I entitled to?

For salaried employees, employer notice increases with seniority, from 1 month early on to up to 6 months for long service. During an agreed probation period of up to 3 months, a 14-day notice can apply. Collective agreements often set notice periods for non-salaried workers. You are entitled to pay and benefits during the notice period, including pension contributions and any agreed bonuses that fall due.

Do I receive severance pay in Denmark?

There is no universal severance rule. Some salaried employees are entitled to a length of service severance payment after long service, and many collective agreements include severance arrangements. Settlement agreements may also include severance as part of a negotiated package. The specific amount depends on your contract, seniority, and any applicable collective agreement.

What should I do immediately after receiving a dismissal letter?

Write down the timeline of events, save all emails and documents, and request the employer’s reasons in writing if they are not already provided. Contact your union or an employment lawyer promptly, especially if you suspect discrimination, retaliation, or misuse of a 120-day sickness clause. Do not sign a settlement agreement before getting advice.

How long do I have to challenge a dismissal?

Deadlines vary. Many collective agreements require grievances to be raised within weeks. Some discrimination claims have specific complaint deadlines. The general limitation period is 3 years, but waiting that long can forfeit practical routes like arbitration. Contact your union or a lawyer quickly to avoid missing short deadlines.

Is garden leave legal?

Yes. Employers can release you from duties during the notice period while continuing to pay salary and benefits. You must remain available if required and comply with confidentiality and any post termination restrictions. Whether you can start a new job during garden leave depends on your contract and any restrictive covenants.

What is a summary dismissal and when is it lawful?

A summary dismissal ends the employment without notice due to a material breach, such as theft, violence, or serious disloyalty. The employer must act promptly after learning of the breach and be able to prove it. If the standard is not met, you can claim pay for the notice period and compensation.

Do I have to go to court to resolve my case?

Not necessarily. Many disputes are resolved by your union through negotiation or industrial arbitration. Discrimination cases can be filed with the Board of Equal Treatment without court fees. If settlement or arbitration is not suitable, a lawyer can bring a case in the district court that covers Kalundborg.

Additional Resources

Local and national resources that can help include your trade union branch such as 3F, HK, Dansk Metal, FOA, or your professional association. The Board of Equal Treatment handles discrimination complaints. The Labour Court and industrial arbitration system handle collective agreement disputes. The Holbæk District Court is the local court for Kalundborg area cases. Jobcenter Kalundborg can provide practical employment support. The Danish Working Environment Authority can advise on safety related retaliation. The Danish Agency for Labour Market and Recruitment provides guidance on mass redundancies and labor market measures.

Next Steps

Collect your contract, dismissal letter, any addenda, collective agreement information, pay slips, performance documents, and relevant emails. Write a short chronology with dates and names. If reasons for dismissal are not clear, request them in writing without delay.

Contact your union representative or an employment lawyer in Region Zealand for a case assessment. Ask about deadlines that apply under your collective agreement or statute. If you suspect discrimination or retaliation, consider filing with the Board of Equal Treatment and discuss whether to proceed in parallel with negotiations.

Avoid signing a settlement agreement before you understand your rights, potential compensation, tax implications, and any restrictive covenants. If you are placed on garden leave or subject to a non-compete, ask for a review of the terms and the employer’s payment obligations.

If a larger redundancy is underway at your workplace, speak with the shop steward about consultation rights and selection criteria. If summary dismissal is threatened or imposed, seek urgent advice due to the immediate financial impact and the need to challenge quickly.

Act promptly. Many employment disputes in Denmark turn on timing. Early legal guidance helps preserve evidence, meet deadlines, and position you for a fair outcome, whether through negotiation, arbitration, or court.