Best Wrongful Termination Lawyers in Marijampolė

About Wrongful Termination Law in Marijampolė, Republic of Lithuania

Wrongful termination in Marijampolė is governed by the Labour Code of the Republic of Lithuania and related laws. An employment relationship can be ended for legitimate reasons and through a proper procedure. If an employer dismisses an employee without a lawful ground, fails to follow the required procedure, or dismisses because of a prohibited reason such as discrimination or retaliation, the termination may be unlawful. Employees in Marijampolė have the same protections as employees throughout Lithuania, with disputes commonly handled first by the Labour Disputes Commission operating under the State Labour Inspectorate, and then by the courts if needed.

Typical lawful grounds for employer-initiated termination include business reasons such as redundancy, the employee’s lack of qualification or long-term inability to work, serious misconduct, or reasons agreed in the contract that comply with the Labour Code. Wrongful termination issues often turn on whether the employer had a real and lawful ground, gave proper written notice, respected protected statuses such as pregnancy or parental leave, and paid all amounts due at separation.

Why You May Need a Lawyer

You may need a lawyer if you suspect your dismissal was discriminatory, retaliatory, or otherwise unlawful, or if the employer did not follow the required notice, consultation, or severance rules. A lawyer can assess whether the stated reason for termination is genuine or pretextual, check if procedural steps were followed, and help you meet strict filing deadlines. Legal help is also valuable if you are negotiating a settlement agreement, seeking reinstatement, claiming unpaid wages or bonuses, or challenging restrictive covenants such as non-compete or confidentiality clauses.

Employees on fixed-term contracts, probation, or probation extensions, as well as those on sick leave, pregnancy or parental leave, or those active in a union or works council, often face unique rules. A lawyer can explain how these rules apply in your case and help you collect and present evidence such as emails, policies, performance reviews, and witness statements. If your case goes to the Labour Disputes Commission or court, legal representation can improve your chances of a favorable outcome.

Local Laws Overview

The Labour Code sets out lawful grounds, procedures, and remedies for termination across Lithuania, including Marijampolė. Key points include the requirement that termination be in writing, state a lawful ground, and respect notice periods. For non-fault dismissals such as redundancy or elimination of role, notice is typically two weeks if you worked less than one year and one month if you worked one year or more, with longer notice for certain protected groups. For disciplinary dismissals based on serious misconduct, shorter notice rules may apply, but the employer must follow a specific investigation and explanation process.

Severance pay is generally required for non-fault dismissals. It is commonly one half of an average monthly wage for short service and up to two average monthly wages for longer service, with enhanced amounts for certain protected employees. In addition, many employees dismissed for non-fault reasons may qualify for a state paid long-term work benefit administered by the State Social Insurance Fund Board, depending on years of service. At termination the employer must pay all final amounts due such as salary, overtime, and compensation for unused annual leave.

Prohibited reasons for dismissal include discrimination based on gender, race, nationality, language, origin, social status, religion, beliefs, age, sexual orientation, disability, ethnicity, or other protected grounds, as well as retaliation for whistleblowing, asserting employment rights, or union and works council activity. Special protections apply to pregnant employees and employees on maternity, paternity, or parental leave, as well as employees who are temporarily incapacitated due to illness. Employers must also follow consultation duties with works councils or trade unions in collective redundancy situations.

Disputes typically begin at the Labour Disputes Commission of the State Labour Inspectorate. Deadlines are short. Challenges to the legality of a dismissal often must be filed very quickly, commonly within one month of receiving notice of termination. Other employment claims may have slightly longer deadlines. If either party disagrees with the Commission’s decision, the dispute can be taken to court. Remedies for unlawful dismissal can include reinstatement, back pay for the period out of work, compensation for non-pecuniary damage, and payment of any amounts that were improperly withheld.

Frequently Asked Questions

What is considered wrongful termination in Marijampolė

Wrongful termination is a dismissal that violates Lithuanian law. This includes termination without a lawful ground, failure to follow required procedures and notice, discrimination or retaliation, dismissal during protected periods such as pregnancy or parental leave, or dismissals that breach a collective agreement or your employment contract.

Can my employer dismiss me without giving a reason

No. The employer’s decision must have a lawful ground recognized by the Labour Code and must be provided in writing. Even if the contract contains flexible termination language, the employer still must comply with statutory grounds and procedures.

What should I do immediately if I am dismissed

Request the dismissal order and the stated reason in writing, ask for your final pay calculation, and keep copies of all documents. Do not sign documents you do not understand. Collect evidence about your performance and communications. Contact a lawyer promptly because deadlines to challenge a dismissal can be as short as one month.

What notice period and severance am I entitled to

For non-fault dismissals such as redundancy, notice is commonly two weeks for service under one year and one month for service of one year or more, with longer periods for certain protected employees. Severance is generally payable for non-fault dismissals and usually ranges from a fraction of an average monthly wage for short service to two average monthly wages for longer service, with enhancements for protected groups. Exact entitlements depend on your tenure, contract, and circumstances.

Can I be fired while on sick leave, pregnant, or on parental leave

Special protections apply. Dismissal during pregnancy, maternity, paternity, or parental leave, or during temporary incapacity due to illness, is heavily restricted and usually prohibited except in limited situations such as employer bankruptcy. If you were dismissed in these circumstances, consult a lawyer immediately.

How do I challenge a wrongful termination in Marijampolė

File an application with the Labour Disputes Commission of the State Labour Inspectorate. Do this quickly, aiming to file within one month of receiving your dismissal. The Commission will review documents, may hold a hearing, and issue a decision. If needed, you can appeal to the court.

What remedies can I receive if the dismissal was unlawful

Possible remedies include reinstatement to your job, payment of average wages for the period you were out of work up to a statutory cap, compensation for non-pecuniary damage, and payment of any unpaid sums such as salary, bonuses, or unused leave compensation. The specific remedy depends on your case and the forum’s decision.

Do I have rights if I work under a fixed-term or probationary contract

Yes. Fixed-term and probationary employees are protected by the Labour Code. Although notice periods and rules may differ, dismissals still must be lawful and non-discriminatory. During probation, dismissal procedures are simpler, but they must still be in writing and not for prohibited reasons.

Can foreign or posted workers in Marijampolė bring wrongful termination claims

Yes. Foreign nationals and posted workers working in Lithuania are protected by Lithuanian labour laws that apply in Marijampolė, including rules on termination, non-discrimination, pay, and working time. Language assistance may be available, and you can use an interpreter in proceedings.

How long does the process take and what does it cost

Proceedings at the Labour Disputes Commission are designed to be relatively fast compared to court litigation, but timelines vary. Many cases resolve through settlement. Costs depend on whether you hire a lawyer and the case complexity. If you have limited means, you may qualify for state guaranteed legal aid.

Additional Resources

State Labour Inspectorate of the Republic of Lithuania and its Labour Disputes Commission. This is the main body for first instance resolution of individual employment disputes, including in Marijampolė.

State Social Insurance Fund Board Sodra. Provides the long-term work benefit for eligible employees dismissed for non-fault reasons and handles social insurance matters after job loss.

Employment Service under the Ministry of Social Security and Labour. Offers unemployment registration, job search support, and certain benefits and programs after termination.

Office of the Equal Opportunities Ombudsperson. Handles discrimination related complaints that may overlap with wrongful termination claims.

State Guaranteed Legal Aid Service. Provides legal aid to individuals who meet income or other criteria and need assistance in employment disputes.

Local trade unions and works councils in Marijampolė. Can advise on collective agreements, consultation duties, and employee rights during restructurings.

Next Steps

Act quickly. Write down the date and circumstances of your dismissal and note any witnesses. Request and keep all written documents such as the termination order, pay slips, internal policies, and correspondence. Do not delay because deadlines to challenge a dismissal are short, often one month.

Consult a lawyer experienced in Lithuanian employment law in Marijampolė. A lawyer can assess the legality of the dismissal, calculate your potential entitlements, and draft submissions. Ask about settlement options and whether to send a formal demand before filing.

File an application with the Labour Disputes Commission if advised. Prepare a clear timeline of events, attach evidence, and state the remedies you seek such as reinstatement, back pay, or compensation. Attend the hearing and consider settlement proposals that fairly compensate you.

If the outcome is unfavorable, discuss an appeal to court within the required time limit. Throughout the process, register with the Employment Service if you are unemployed, check your eligibility for benefits, and keep records of your job search as this may affect compensation and benefits decisions.

This guide provides general information and is not legal advice. For advice on your specific situation in Marijampolė, consult a qualified employment lawyer.