Best Wrongful Termination Lawyers in Kalundborg

About Wrongful Termination Law in Kalundborg, Denmark

Wrongful termination in Denmark refers to a dismissal that violates statutory protections, collective agreements, or the employment contract. Danish employment law is national, so the same rules apply in Kalundborg as elsewhere in Denmark. Unlike some countries, Denmark does not use at-will employment. Terminations generally require objective and reasonable grounds, appropriate notice, and compliance with specific procedures. Employees are also protected against discriminatory and retaliatory dismissals, with special protection for pregnancy and parental leave.

Whether you work for a private employer in the Kalundborg area or the municipality or another public body, the framework will be Danish law, sometimes supplemented by a collective agreement. Remedies can include compensation, pay in lieu, severance, and in some cases reinstatement or negotiated settlements.

Why You May Need a Lawyer

You may need legal help if you were let go without a clear or credible reason, especially if you have more than 1 year of service as a salaried employee. A lawyer can assess whether the dismissal was reasonably justified and whether compensation is available.

If you suspect discrimination or retaliation, such as dismissal related to pregnancy, parental leave, age, disability, union activity, whistleblowing, or reporting harassment, legal advice is important. These cases shift the burden of proof to the employer and have specific remedies.

Disputes often arise about notice periods, calculation of final salary and holiday pay, garden leave, severance under long service rules, or the use of a 120-day sickness clause. A lawyer can check whether the employer followed the law and the contract.

If you are covered by a collective agreement, procedures and deadlines can be strict. Legal counsel or your union can ensure the right forum is used, such as industrial arbitration or the Labour Court for collective disputes.

Public sector and municipal employees can have additional rules and procedural safeguards. A lawyer who knows public employment rules can guide you through grievances, hearings, or appeals.

If you are offered a settlement agreement, it is wise to have it reviewed. Agreements often include waivers, confidentiality, and restrictive covenants that should be carefully negotiated.

Local Laws Overview

No at-will dismissal. For salaried employees covered by the Salaried Employees Act, a dismissal after at least 1 year of service must be reasonably justified by the employee’s conduct or the employer’s circumstances. If not, compensation may be awarded. Many non-salaried workers receive similar protection through collective agreements.

Notice periods. Under the Salaried Employees Act, employer notice depends on seniority: 1 month if employed up to 6 months, 3 months up to 3 years, 4 months up to 6 years, 5 months up to 9 years, and 6 months after 9 years. Notice typically runs to the end of a month. A probation period of up to 3 months may allow 14 days’ notice if agreed in writing.

Severance for long service. Salaried employees with long service may be entitled to statutory severance: 1 month after 12 years, 2 months after 15 years, and 3 months after 18 years of employment. Collective agreements may grant other or higher severance.

Summary dismissal. Immediate termination without notice is permitted only for material breach, such as serious misconduct. It must be given without undue delay and usually requires prior investigation.

Right to a written reason. Salaried employees can request a written explanation for the dismissal. In discrimination and equal treatment cases, employers carry a heavy burden to show lawful reasons if protected circumstances are involved.

Equal treatment and discrimination. The Equal Treatment Act and the Act on Prohibition of Discrimination in the Labour Market prohibit dismissal on protected grounds, including gender, pregnancy, parental leave, age, disability, race, religion or belief, political opinion, and sexual orientation. Compensation can be significant.

Whistleblowing. The Danish Whistleblower Act protects employees who report certain breaches. Retaliation, including dismissal, is prohibited.

Sickness and the 120-day rule. If an agreed 120-day sickness clause applies, an employer may dismiss with shorter notice after 120 sick days within a 12-month period, but only if strict conditions are met, including immediate use of the clause and continued salary during sickness. Many disputes center on whether the conditions were actually satisfied.

Collective redundancies. When an employer plans large-scale layoffs, special consultation and notification rules apply under the Act on Collective Redundancies. Thresholds depend on workforce size, and the employer must consult employee representatives and notify authorities.

Constructive dismissal. If an employer fundamentally breaches the contract, for example by cutting pay or changing duties without lawful basis, the employee may treat it as a dismissal and seek remedies.

Restrictive covenants. Non-compete and non-solicitation clauses are regulated by the Employment Clauses Act. They require specific wording, proportionality, and compensation to be valid. They often come up when negotiating exit terms.

Frequently Asked Questions

What counts as wrongful termination in Denmark?

A dismissal is wrongful if it lacks a reasonable justification, breaches statutory notice, violates a collective agreement, is discriminatory or retaliatory, misuses a 120-day sickness clause, or fails to follow required procedures in a collective redundancy. The exact test depends on your status, contract, and any collective agreement.

Do I have a right to a written reason for being fired?

Salaried employees can request a written explanation. In discrimination or equal treatment cases, the employer must show the dismissal was unrelated to the protected ground if the facts indicate possible discrimination.

How much notice am I entitled to?

For salaried employees, employer notice rises with seniority from 1 month up to 6 months, usually ending at the end of a month. Collective agreements may set different notice for non-salaried workers. During an agreed probation period up to 3 months, 14 days’ notice may apply.

Can I be fired during probation?

Yes, but not for unlawful reasons. Even in probation, dismissals cannot be discriminatory or retaliatory. If a 14-day probation notice applies, it must be expressly agreed and used within the probation period.

What if I was dismissed while pregnant or on parental leave?

Dismissal due to pregnancy or parental leave is unlawful. The burden is on the employer to show a lawful reason unrelated to the pregnancy or leave. Compensation in such cases can be substantial, often several months of salary.

What is the 120-day sickness rule?

If your contract includes a valid 120-day clause and you have received pay during sickness, the employer may terminate with 1 month’s notice after 120 sick days within 12 months, but only if the employer acts immediately and all conditions are met. Many terminations under this rule are contestable because the conditions are strict.

Am I entitled to severance pay?

Under the Salaried Employees Act, salaried employees may receive 1, 2, or 3 months’ severance after 12, 15, or 18 years of service. Some collective agreements grant severance based on age and seniority. Contractual severance and negotiated exit packages are also common.

Do I need prior warnings before a performance-related dismissal?

For performance or minor conduct issues, Danish practice generally expects one or more written warnings and a chance to improve, unless the issues are severe. Lack of warnings can support a claim that the dismissal was not reasonably justified.

What deadlines apply if I want to challenge my dismissal?

Deadlines vary. Collective agreements often have short internal deadlines for filing grievances. Many civil claims are subject to a general 3-year limitation, but discrimination and board complaints may require faster action. Seek advice quickly to avoid missing a specific deadline under your contract or agreement.

Should I sign a settlement agreement offered by my employer?

Do not sign under pressure. You may be waiving rights. Have a union representative or lawyer review the terms, including tax, non-compete clauses, references, confidentiality, and the net value compared to your legal entitlements.

Additional Resources

Jobcenter Kalundborg - for unemployment registration and job search support after termination.

Your A-kasse - contact your unemployment insurance fund immediately after dismissal to protect benefits.

Ligebehandlingsnævnet - the Board of Equal Treatment handling discrimination and equal treatment complaints.

Arbejdsretten - the Labour Court for collective agreement disputes, typically via unions and employer associations.

Faglig voldgift - industrial arbitration used for many disputes under collective agreements.

Retten i Holbæk - the local district court with jurisdiction that includes Kalundborg for individual civil cases.

Arbejdstilsynet - the Danish Working Environment Authority for health and safety concerns that may relate to the dismissal context.

Styrelsen for Arbejdsmarked og Rekruttering - the Danish Agency for Labour Market and Recruitment, relevant in collective redundancies.

Advokatsamfundet - the Danish Bar and Law Society, a source to find licensed employment lawyers.

Trade unions in the Kalundborg area - for example 3F, HK Privat, Dansk Metal, FOA, Djøf, which provide member representation in employment disputes.

Next Steps

Write down a clear timeline. Note the date you received notice, the termination date, and any meetings or warnings. Save emails, letters, and messages.

Request a written reason for dismissal if you are a salaried employee. Keep the employer’s explanation for your file.

Collect key documents. Gather your contract, any addendums, employee handbook, collective agreement, performance reviews, warnings, medical documentation if sickness is relevant, and pay slips.

Do not rush to sign. If offered a settlement, ask for time to obtain advice. Avoid signing resignation letters or acknowledgments that could limit your rights.

Contact your union or a local employment lawyer. Unions can act quickly under collective agreements. A lawyer can assess claims under the Salaried Employees Act, equal treatment rules, and any contractual provisions.

Check your notice and pay. Verify that notice length, final salary, accrued holiday pay, bonuses, commissions, and any severance comply with law and your agreement. Query garden leave and company property return in writing.

If discrimination, pregnancy, or whistleblowing is involved, act promptly. These cases have special procedures and potentially higher compensation, but often shorter practical deadlines.

Register with your A-kasse and Jobcenter Kalundborg immediately to protect unemployment benefits and access support.

Keep communications professional and in writing. Confirm meetings and outcomes by email. Ask for copies of any investigation materials that concern you.

Plan for outcomes. Many disputes settle through negotiation. If necessary, your representative can bring a complaint to the Board of Equal Treatment, to industrial arbitration, or to the local district court.

This guide provides general information about wrongful termination in Kalundborg, Denmark. For advice on your specific situation, consult a qualified employment lawyer or your union.