Best Wrongful Termination Lawyers in Ukmerge

About Wrongful Termination Law in Ukmerge, Republic of Lithuania

Wrongful termination in Lithuania refers to ending an employment relationship in breach of the Labour Code or other applicable laws. Because labour law is national, the same rules apply in Ukmerge as elsewhere in the Republic of Lithuania. A termination can be unlawful if there was no lawful ground, if the employer did not follow mandatory procedures, if the dismissal was discriminatory or retaliatory, or if protected employees were dismissed in violation of special safeguards. Disputes are usually started through the Labour Disputes Commission operating under the State Labour Inspectorate before any court claim.

Examples include dismissals that misuse redundancy as a pretext, performance-based dismissals without evidence or a fair process, dismissals during protected periods such as pregnancy or parental leave, or cases where an employee is pressured to resign. If a termination is found unlawful, typical remedies can include reinstatement, back pay for the period of forced absence, compensation for non-pecuniary damage, and payment of any unpaid notice or severance.

Why You May Need a Lawyer

You may wish to consult a lawyer if you are facing any of the following:

- You received a termination notice and are unsure whether the stated reason is lawful or genuine.

- Your employer claims redundancy or reorganisation, but you suspect the role still exists or selection criteria were unfair.

- You were dismissed for alleged misconduct or poor performance without prior warnings, evidence, or an opportunity to respond.

- You are on sick leave, pregnant, or on maternity, paternity, or parental leave, and your employer seeks to end the contract.

- You feel forced to resign or to sign a mutual termination agreement under pressure or without time to review the terms.

- You work under a fixed-term or probationary arrangement and want to check whether the employer complied with special rules.

- You believe you were targeted for union activity, whistleblowing, discrimination, or for asserting your legal rights.

- You need advice on notice pay, severance, final settlements, non-compete clauses, and tax effects of compensation.

- You need help gathering evidence, calculating claims, observing short deadlines, and navigating the Labour Disputes Commission process.

Local Laws Overview

Key sources of law include the Labour Code of the Republic of Lithuania, the Law on Equal Treatment, the Law on Safety and Health at Work, and the Law on the Protection of Whistleblowers. These laws apply uniformly in Ukmerge.

Lawful grounds for ending employment include mutual agreement, employee initiative, employer initiative without employee fault such as redundancy or changes in business, employer initiative for employee fault such as serious misconduct, expiry of a fixed-term contract, and failure to pass probation. Each ground has its own conditions and procedures. The employer must be able to show a real and lawful reason and must follow the required steps.

Procedure matters. Employers generally must issue written notice stating the legal ground and factual reasons, observe statutory notice periods, pay any applicable severance, and in some cases consult a works council or trade union. For certain categories of workers, such as pregnant employees, employees on maternity, paternity, or parental leave, and employees on certified sick leave, special protections apply and dismissal on the employer’s initiative is restricted or prohibited except in limited cases provided by law.

Redundancy and restructuring require objective business reasons and fair selection criteria. Collective redundancies trigger extra duties such as information and consultation with employee representatives and notification to public authorities.

Notice and severance vary by ground and circumstances and often depend on length of service and whether the dismissal is with or without employee fault. The Labour Code also provides for an additional long-term employment payment from a public fund in specific cases of termination on the employer’s initiative without employee fault, depending on length of service.

If an employee believes a termination is unlawful, the usual first step is to apply to the Labour Disputes Commission under the State Labour Inspectorate. Deadlines are short, typically counted in weeks, often about 1 month from receipt of the employer’s decision or final payment, so prompt action is important. The Commission’s decision can be challenged in court if necessary.

Available remedies can include reinstatement to the job, payment of average wages for the period of forced absence, compensation for non-pecuniary damage, statutory severance, payment of any unpaid wages and unused leave, and correction of documents. In discrimination and retaliation cases, the burden of proof may shift, meaning the employer must show that the termination was not unlawful once the employee presents facts suggesting discrimination.

Frequently Asked Questions

What counts as wrongful termination in Lithuania?

Wrongful termination covers dismissals that violate the Labour Code or other laws. This includes dismissals without a lawful reason, dismissals that ignore required procedures such as proper notice or consultation, discriminatory or retaliatory dismissals, and dismissals during protected periods where termination is restricted. Constructive dismissal can also occur if an employer unilaterally and significantly worsens essential working conditions, effectively forcing a resignation.

How quickly must I act if I think my dismissal was unlawful?

Time limits are short. You generally need to file an application with the Labour Disputes Commission within a short period, often about 1 month from learning about the termination or receiving the final settlement. Because deadlines vary by issue and can be suspended in limited cases, get legal advice and act promptly.

Can I be dismissed while pregnant or on maternity, paternity, or parental leave?

Lithuanian law provides strong protections. Employers are generally prohibited from dismissing employees on the employer’s initiative during these protected periods, except in narrow situations expressly allowed by law. If you face dismissal while protected, seek advice immediately.

What if I was pressured to sign a mutual termination agreement?

A mutual agreement should be voluntary and informed. If you were misled, threatened, or rushed without a chance to review, that can be challenged. Keep proof of pressure and seek advice quickly, as the time limit to contest such agreements is also short.

Am I entitled to notice and severance?

Often yes, depending on the legal ground for termination and your length of service. Terminations on the employer’s initiative without employee fault usually involve statutory notice and severance. Termination for serious misconduct can limit or remove these entitlements. The Labour Code sets the exact rules and amounts.

What if my employer says redundancy but continues to hire for similar roles?

Redundancy must be genuine. If a role essentially continues or selection was unfair, the dismissal may be unlawful. Evidence such as job ads, organisational charts, and internal communications can help show that redundancy was a pretext.

Does a fixed-term contract simply end without any rights?

When a fixed-term contract ends on its agreed expiry, the employer does not need to prove a separate reason. However, misuse of fixed-term contracts, early termination, or repeated renewals that circumvent the law can be unlawful. Some fixed-term endings can still trigger payments under certain conditions.

Do I have to go straight to court?

No. Most individual labour disputes must first go to the Labour Disputes Commission at the State Labour Inspectorate. The Commission is a mandatory pre-trial body. If you disagree with its decision, you can then appeal to court within the prescribed time limit.

What compensation can I get if I win?

Remedies may include reinstatement, payment of average wages for the time you were out of work due to unlawful dismissal, statutory severance or notice pay if unpaid, compensation for non-pecuniary damage, and correction of employment records. The exact outcome depends on the facts and the law.

What evidence should I collect?

Keep your employment contract and any amendments, job descriptions, performance reviews, warnings, emails and messages about performance or restructuring, the termination notice with reasons, pay slips, timesheets, and any notes on conversations. Save evidence of discrimination or retaliation if relevant. Record dates carefully for deadline purposes.

Additional Resources

State Labour Inspectorate of the Republic of Lithuania - provides guidance on employment rights, conducts inspections, and hosts the Labour Disputes Commission where most claims start. Territorial units serve regions including Ukmerge.

Labour Disputes Commission - a pre-trial body that examines individual employment disputes such as dismissals, unpaid wages, and severance. Applications can usually be filed electronically or at a territorial unit.

Equal Opportunities Ombudsperson - an independent authority that investigates discrimination in employment based on protected grounds such as sex, age, disability, race, ethnicity, religion, beliefs, sexual orientation, and more.

Employment Service under the Ministry of Social Security and Labour - for registration as a jobseeker, unemployment benefits, and retraining support after job loss.

State Guaranteed Legal Aid Service - provides free or partially subsidised legal aid to eligible individuals based on income and case type.

Trade unions and works councils - offer representation, advice, and support during dismissals and consultations, including in collective redundancy situations.

National Courts Administration - information on courts, filing procedures, and where to bring appeals after the Labour Disputes Commission.

Ukmerge Municipality information services - may provide guidance on local public services and signpost to regional legal aid and employment advice organisations.

Next Steps

Step 1 - Do not rush to sign. Do not sign a mutual termination or settlement agreement without advice. Ask for time to review and request the draft in writing.

Step 2 - Gather documents. Save your contract, termination notice, emails, performance records, and pay slips. Note the date you received the notice and any deadlines mentioned.

Step 3 - Get legal advice. Speak to an employment lawyer or qualified adviser. If cost is a concern, contact the State Guaranteed Legal Aid Service to check eligibility for funded assistance.

Step 4 - Act within deadlines. Prepare and submit an application to the Labour Disputes Commission. The time limit is short, often about 1 month from the dismissal or final settlement date. If in doubt, file early to protect your rights.

Step 5 - Consider interim needs. Register with the Employment Service for unemployment support if eligible. Review your non-compete or confidentiality obligations before starting new work.

Step 6 - Explore settlement. Many disputes resolve through negotiation at or before the Commission stage. A lawyer can help assess a fair settlement, including notice, severance, and compensation.

Step 7 - Appeal if needed. If the Commission decision is unfavourable, consult your lawyer about appealing to court within the prescribed time limit.

This guide is informational and does not constitute legal advice. For advice tailored to your situation in Ukmerge, consult a qualified employment lawyer or a recognised advice service as soon as possible.