Best Wrongful Termination Lawyers in Ommen

About Wrongful Termination Law in Ommen, Netherlands

Wrongful termination in the Netherlands refers to ending an employment contract in violation of Dutch employment law. Although employment law is national, employees in Ommen are protected by the same rules that apply across the country. Employers generally need a legally valid ground and must follow the correct procedure through the Employee Insurance Agency UWV or the cantonal court. Dismissals that are discriminatory, retaliatory, procedurally flawed, or lack a reasonable ground can be challenged. Remedies can include reinstatement in limited cases, a transition payment, and sometimes an additional fair compensation if the employer acted seriously culpably.

Why You May Need a Lawyer

You may need a lawyer if you are facing dismissal for alleged underperformance or misconduct and you dispute the reasons. Legal help is also useful when you receive a settlement agreement and want to negotiate terms like compensation, reference wording, or non-compete clauses. If you were summarily dismissed on the spot, quick legal action is crucial due to short deadlines. Support is valuable if you suspect discrimination related to pregnancy, disability, age, religion, or other protected grounds. During reorganizations or collective redundancies, a lawyer can review whether the proper selection and social plan rules were followed. If you have a fixed-term contract that was not renewed and you suspect the decision is unlawful or discriminatory, legal review can clarify your rights. Employees on long-term sickness or leave often benefit from advice because they have extra protections. A lawyer can help you calculate the correct transition payment, evaluate any fair compensation claim, and guide you through objections and court filings within strict time limits.

Local Laws Overview

Grounds for dismissal are limited and must be reasonable. Economic reasons and long-term incapacity for work after 104 weeks go through UWV. Other grounds like underperformance, a disturbed working relationship, culpable conduct, or a combination of incomplete grounds typically go to the cantonal court. Employers must substantiate the ground and show that reassignment was not possible.

Procedure matters. Without UWV permission or a court order, termination is usually invalid unless it is a mutually agreed settlement or a valid summary dismissal. Settlement agreements must be in writing. Employees have a statutory 14-day reflection period to revoke a signed settlement agreement. If the employer did not inform the employee in writing about the reflection period, it becomes 21 days.

Protected situations restrict dismissal. Dismissal is generally prohibited during pregnancy, maternity leave, and parental leave, and during the first 104 weeks of sickness. Protection also applies to works council members and in cases of retaliation for whistleblowing. Discriminatory dismissal is unlawful under equal treatment laws.

Notice periods apply when giving notice after a UWV permit or in a settlement. For employers they depend on service length: 1 month for less than 5 years, 2 months for 5-10 years, 3 months for 10-15 years, 4 months for 15 years or more. Employees usually have a 1-month notice period unless agreed otherwise. Contractual notice for the employee cannot exceed that of the employer by more than a factor set in law.

Fixed-term contracts end by operation of law but employers must send a one-month advance notice of end date for contracts of 6 months or longer. Failure to send this notice can trigger a penalty up to one month salary. Successive fixed-term contracts are limited by the chain rule. After 3 contracts or 36 months, the contract generally converts to an indefinite contract unless there is a break of at least 6 months or a different period applies through a collective agreement.

Summary dismissal on the spot requires an urgent cause, immediate termination, and immediate communication of the reason. This is strictly assessed by courts. Employees can challenge summary dismissal quickly and may claim wages and compensation if it was not justified.

Payments on termination include the statutory transition payment owed in most dismissals initiated by the employer, including after court termination or expiry of a fixed-term contract that is not renewed at the employer initiative. In cases of seriously culpable conduct by the employer, the court can award an additional fair compensation. During sickness, employers usually pay at least 70 percent of wages for up to 104 weeks, often higher under a collective agreement.

Collective redundancies are regulated. If 20 or more employees are dismissed within 3 months in the same region, the employer must notify UWV under the Collective Dismissals Notification Act and consult with trade unions and the works council. Selection must follow objective criteria such as the reflection principle and age categories.

Deadlines are short. Challenges to a court termination decision or a UWV-based dismissal, and challenges to summary dismissal, usually must be filed within 2 months. Missing a deadline can end your options. In Ommen, cases are handled by the Subdistrict Court judge at the District Court of Overijssel.

Frequently Asked Questions

What is wrongful termination in the Netherlands?

Wrongful termination is a dismissal that violates Dutch law. Examples include dismissals without UWV or court approval, discriminatory or retaliatory dismissals, termination during a protected period, or summary dismissal without an urgent cause. Even if there is a valid reason, failing to follow the correct procedure can make a dismissal unlawful.

Can my employer fire me without warning?

Only in cases of summary dismissal for an urgent cause like theft or violence. The employer must terminate immediately and tell you the reason right away. Courts scrutinize this strictly. If the reason is not urgent or the employer delays, you can challenge it and seek wages and compensation.

I received a settlement agreement. Should I sign it?

Do not sign under pressure. You have a 14-day reflection period to revoke after signing, or 21 days if you were not informed of the reflection period in writing. Have a lawyer review the compensation, end date, reason for dismissal wording, non-compete or non-solicit clauses, garden leave, reference, release language, and treatment of bonuses and accrued holiday.

What compensation can I get if I am dismissed?

Most employees are entitled to the statutory transition payment when the dismissal is at the employer initiative. In cases of seriously culpable employer conduct, a court can also grant a fair compensation on top of the transition payment. If a dismissal is invalid, you may claim continued pay. Specific outcomes depend on your case and timely action.

Can I be dismissed while sick or pregnant?

Dismissal is generally prohibited during the first 104 weeks of sickness and during pregnancy and maternity leave. There are limited exceptions, for example if the company closes entirely. Dismissal for reasons related to these protected periods is highly likely to be unlawful.

What if my fixed-term contract is not renewed?

A fixed-term contract can end on its end date, but your employer must give written notice of the end at least one month in advance for contracts of 6 months or longer. If the non-renewal is discriminatory or violates the chain rule, you may have claims for compensation or conversion to an indefinite contract.

How are dismissals for economic reasons handled?

For economic dismissals the employer applies to UWV and must show necessity, proper selection using the reflection principle, and attempts to reassign employees. After a UWV permit the employer gives notice respecting the notice period. You can ask the court to review the dismissal afterward within 2 months.

What are my deadlines to challenge a dismissal?

Deadlines are short. Challenges to summary dismissal, UWV-based dismissal, or a court termination usually must be filed within 2 months from the relevant decision or date. If you signed a settlement agreement you can revoke within 14 days or 21 days if not informed in writing of the reflection period. Get advice immediately to avoid missing a deadline.

What happens to my non-compete after dismissal?

Non-compete and non-solicit clauses are enforceable only under specific conditions. In indefinite contracts a non-compete must be agreed in writing. In fixed-term contracts a non-compete is only valid if your employer gives a written justification for the necessity due to compelling business interests. Courts can mitigate or void a clause if it is unfair. Negotiation in a settlement can adjust or waive it.

Will I get unemployment benefits after termination?

If you lose your job through no fault of your own and meet work history and availability requirements, you can apply for unemployment benefits with UWV. A justified summary dismissal for culpable conduct may disqualify you. Settlement agreements should be worded carefully so that benefits are not jeopardized. Apply promptly after the end of your contract.

Additional Resources

UWV Employee Insurance Agency for dismissal procedures and unemployment benefits applications and information.

Rechtbank Overijssel, Subdistrict Court for employment disputes arising in the Ommen area.

Het Juridisch Loket for free first-line legal advice and referrals.

Netherlands Institute for Human Rights for discrimination assessments and opinions.

Netherlands Labour Authority Nederlandse Arbeidsinspectie for labour law information and enforcement.

House for Whistleblowers Authority Wet Huis voor Klokkenluiders for reporting serious wrongdoing and protection against retaliation.

Raad voor Rechtsbijstand Legal Aid Board for information on eligibility for subsidized legal aid toevoeging.

Trade unions such as FNV, CNV, and De Unie for member support, advice, and collective bargaining information.

Works Council Ondernemingsraad at your employer for consultation rights during reorganizations and collective redundancies.

Gemeente Ommen municipal services for local support and guidance on social services if employment ends.

Next Steps

Write down a clear timeline of events and keep all documents, including your contract, emails, performance reviews, warnings, medical documentation if relevant, and any settlement proposal. Ask your employer to confirm the reasons for dismissal in writing. Do not sign a settlement agreement before you have obtained advice, and remember your 14-day reflection period after signing. Contact a lawyer experienced in Dutch employment law quickly to assess your position, deadlines, and strategy. If a UWV procedure is underway, submit your response with evidence on time. If you were dismissed summarily, consult counsel immediately to consider a court challenge and a request for continued pay. Check your eligibility and prepare to apply for unemployment benefits with UWV as soon as your contract ends. If you are in a union, inform them at once for support. Consider whether mediation could resolve the dispute on better terms. Ask your lawyer about possible subsidized legal aid if your income qualifies. Acting promptly is essential because missing a deadline can severely limit your options.