Best Wrongful Termination Lawyers in Skive

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Founded in 1989
English
Advokathuset Funch & Nielsen P/S operates from Resenvej 83 in Skive and serves clients across Nordvestjylland with a wide range of legal services for private individuals, businesses and public institutions. The firm traces its roots to 1863, and the modern Advokathuset A/S was formed in 1989...
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About Wrongful Termination Law in Skive, Denmark

Wrongful termination in Skive, Denmark refers to situations where an employee believes their dismissal violates Danish employment rules, a written contract, or an applicable collective agreement. Denmark does not have a single wrongful termination statute that applies to every worker. Instead, protections come from a combination of the Danish Salaried Employees Act - Funktionaerloven - general contract law, collective agreements negotiated by trade unions and employers, and anti-discrimination legislation derived from Danish and EU law. Local practice in Skive follows national law, and disputes are normally resolved through trade unions and employers, negotiation, mediation, or court or arbitration proceedings when necessary.

Why You May Need a Lawyer

You may need a lawyer if your dismissal raises legal questions that affect your future income, reputation, or rights. Examples include when you believe the employer dismissed you without valid notice or without contractual grounds, when the dismissal appears to be discriminatory - for example because of pregnancy, illness, age, religion, gender, or union activity - when your dismissal breaches a collective agreement, when you were summarily dismissed for alleged gross misconduct and you dispute the facts, when you face unclear or withheld final pay, pension or severance calculations, and when you need help calculating compensation or negotiating a settlement. A lawyer can assess legal claims, explain likely outcomes, protect deadlines, represent you in negotiations or proceedings, and work with or alongside your trade union.

Local Laws Overview

The legal framework relevant to wrongful termination in Skive is the same as in the rest of Denmark. Key elements are:

- The Danish Salaried Employees Act - Funktionaerloven - covers many salaried employees and sets minimum notice periods, special protections in some situations, and rules for severance for certain fixed-term or longer-term relationships.

- Collective agreements negotiated by trade unions and employers often contain more detailed rules on dismissals, grievance procedures, arbitration clauses, and compensation. Where a collective agreement applies, its dispute resolution rules may be mandatory.

- General contract law governs employment contracts not covered by specific statutes. Contract clauses, notice provisions, and termination clauses are interpreted under Danish contract principles.

- Anti-discrimination law and EU directives protect employees against dismissal on protected grounds such as gender, race, religion, disability, age, sexual orientation, and pregnancy. The Danish Board of Equal Treatment handles discrimination complaints in many cases.

- Procedural aspects matter - some disputes must follow internal grievance and arbitration steps within tight time limits before they can be taken to court. Individual claims for unlawful dismissal or compensation are typically brought to the district court, unless the matter falls under an arbitration route set by a collective agreement or becomes a collective dispute to be decided by the Labour Court - Arbejdsretten.

- Remedies vary. They commonly include notice pay, payment for unpaid wages or holiday pay, and damages for loss. Reinstatement is relatively rare in Danish practice, and damages depend on contract, agreements and judicial assessment of loss and employer conduct.

Frequently Asked Questions

What counts as wrongful termination in Skive?

Wrongful termination generally means dismissal that breaches the employment contract, a collective agreement, or statutory protections. This can include dismissal without the required notice, dismissal in breach of a fixed-term agreement, dismissal because of protected characteristics such as pregnancy or illness, or dismissal that violates a contractual or agreed disciplinary procedure. Whether a dismissal is wrongful depends on the contract terms, applicable collective agreement and the facts.

Who is covered by the Danish Salaried Employees Act?

The Salaried Employees Act covers many white-collar employees who meet certain criteria, such as regular salaried workers with managerial or independent tasks. It is not universal. Workers on hourly wages, short-term casual work, or certain categories of specialists may fall outside the Act and will instead be covered by contract law and any applicable collective agreement. You should check your contract and talk to your union or lawyer to see if the Act applies to you.

How long do I have to act after a dismissal?

Time limits vary. Some collective agreements require grievances to be raised within a few weeks. If you plan to bring a lawsuit for contractual breach, general civil claim time limits can apply, and you should act promptly. Practical advice is to contact your union or a lawyer immediately after dismissal to preserve evidence and meet any procedural deadlines.

Can I get my job back?

Reinstatement is possible but uncommon in Denmark. Courts and tribunals more frequently award financial compensation for loss of earnings, unpaid notice, and other damages. If you want reinstatement, you should say so early in negotiations and seek legal advice, because remedies and practical outcomes vary by case.

What compensation can I expect for wrongful termination?

Compensation depends on the nature of the breach, your contract, any collective agreement, and the actual financial loss you can document. Typical elements include payment in lieu of notice, unpaid salary, holiday pay, and damages for loss of future earnings if the dismissal breached the law or agreement. There is no single statutory compensation amount that applies to all wrongful dismissals.

Does being on sick leave or parental leave protect me from dismissal?

Employees on sick leave or parental leave have special protections under Danish law and case law. Dismissing someone for reasons related to pregnancy, maternity or parental leave is heavily restricted and can be unlawful unless the employer has objective reasons that are unrelated to the protected condition. Similarly, dismissal while on short-term sick leave can be problematic unless the employer can justify it. If you are dismissed while on leave, seek advice promptly.

What if I was dismissed for alleged gross misconduct?

Summary dismissal for gross misconduct means termination without notice. Employers must normally have solid evidence and follow a fair procedure before using summary dismissal. If you dispute the allegation, preserve documents, witness names, and any correspondence, and consult a lawyer or union immediately. The employer must be able to show justification for immediate termination.

Will my trade union help me?

Yes - trade unions in Denmark often provide legal assistance to members in dismissal cases. Unions can handle negotiations, file grievances under collective agreements, and represent members in arbitration or court. If you are a union member, contact your union quickly after dismissal. If you are not a member, consider joining or seeking private legal advice if the union route is not available to you.

How much will a lawyer cost and is legal aid available?

Lawyer costs vary by experience, complexity and the lawyer's fee structure - hourly rates, fixed fees for specific tasks, or contingency arrangements in limited circumstances. Many employees use union-provided legal assistance or legal expense insurance that covers part or all of the lawyer fee. Public legal aid is limited for employment disputes, so check your union membership, insurance and the lawyer's fee terms before proceeding.

Where do I file a wrongful termination claim locally?

Where you file depends on the dispute. If a collective agreement applies, internal grievance and arbitration processes may be mandatory. Individual claims are usually brought before the district court - Byret - that covers your area, or sometimes resolved by negotiation or mediation. Discrimination claims can be brought to the Board of Equal Treatment. Your union or lawyer can advise which venue is appropriate for your case in Skive.

Additional Resources

Useful resources and bodies that can help in Skive include your local trade union and employer organisation for advice and representation, the Board of Equal Treatment - for discrimination claims, the Danish Labour Court - Arbejdsretten - for certain collective disputes, and the local district court for individual legal claims. For practical help related to job transition and public employment services you can contact Skive Jobcenter. The Danish Working Environment Authority - Arbejdstilsynet - can be useful if the dismissal relates to workplace health and safety. Also check whether you have legal expense insurance or union membership that provides legal help.

Next Steps

1. Stay calm and document everything - keep your employment contract, any written notice, emails, messages, pay slips, time records and any relevant witness names. Documentation is critical.

2. Review your contract and any collective agreement - look for notice periods, disciplinary procedures and grievance steps you need to follow. Follow required internal steps promptly to avoid losing rights.

3. Contact your trade union or legal expenses insurer if you have one - they often provide fast and effective assistance and may cover legal costs.

4. Contact a lawyer experienced in Danish employment law if your union cannot assist, if the case is complex, or if the employer refuses to negotiate. Ask about fees, likely outcomes, and strategic options such as negotiation, mediation or litigation.

5. Preserve deadlines - act quickly to file grievances or legal claims within the time limits that apply to your situation.

6. Consider negotiation or mediation - many wrongful termination disputes are resolved by settlement. A lawyer or union representative can negotiate severance, notice pay and references on your behalf.

7. If you believe the dismissal involved discrimination, report it to the Board of Equal Treatment and seek legal advice about pursuing a discrimination claim.

Taking prompt, informed steps increases your chance of a favorable outcome. Local lawyers and unions in Skive can advise on the specific facts of your case and help you choose the best path forward.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.