Best Wrongful Termination Lawyers in Lausanne

About Wrongful Termination Law in Lausanne, Switzerland

Wrongful termination, also referred to as unjust dismissal, is when an employer terminates an employee's contract without any legitimate legal grounds. In Lausanne, as with the rest of Switzerland, the law provides significant worker protections regarding wrongful termination. Key aspects of these protections include prohibitions against dismissals due to gender, age, nationality, race, religion, or membership of a union. Moreover, the law considers termination during illness, pregnancy, or military service to be generally unjust.

Why You May Need a Lawyer

Even though Swiss legislation offers protection for employees, understanding wrongful termination law can be complex due to its many facets and specific procedural requirements. It may be necessary to seek legal help if you believe your termination was unjust or if you are fighting a severance package. A lawyer would be able to assess your situation accurately, guide you through the process, help you understand your rights, and represent your interests in court if necessary.

Local Laws Overview

Swiss termination laws are mainly outlined in the Code of Obligations and various federal and cantonal laws. Key aspects include the requirement for notice periods: typically, an employer must provide one month's notice during the first year of employment, two months from the second year to the ninth year, and three months thereafter. The reasons for termination must also be "socially justifiable". Employees terminated without cause are entitled to compensation.

Frequently Asked Questions

1. What constitutes wrongful termination in Lausanne?

Wrongful termination occurs when an employee is dismissed without any valid reason, or on prohibited grounds such as race, religion, being pregnant, suffering from illness, or while on military service.

2. How is wrongful termination proven?

The Swiss legal system places the burden of proof for wrongful termination upon the employer, meaning they must demonstrate that the termination was legal and justifiable.

3. What kind of compensation can I expect if I've been wrongfully terminated?

If the courts decide in your favour, you could be entitled to compensation of up to 6 months’ salary along with other benefits, depending upon individual circumstances.

4. How long do I have to file a wrongful termination claim?

While laws can vary, in general, you should file a wrongful termination claim within 180 days of your dismissal.

5. Can I still claim wrongful termination if I was on a fixed-term contract?

Yes, fixed-term employees have the same protections as permanent employees; therefore, you can still make a wrongful termination claim.

Additional Resources

There are several resources for legal advice in Lausanne, such as the Canton of Vaud's legal aid service or the Swiss Labor Assistance (SLA), a union offering legal advice and representation for workers. In addition, the Federal Office of Justice provides information concerning employment and wrongful termination.

Next Steps

If you believe you have been wrongfully terminated, it’s recommended that you seek legal advice immediately. Gather all information and documentation related to your case such as employment contracts, emails, and other correspondence, and reach out to a lawyer experienced in Swiss employment law. They can guide you on the validity of your case and the following legal procedures.