Wrongful Termination: How to Fight Back

What I will do for you

A notice is invalid if the employer failed to meet the statutory requirements. A wrongful termination gives you the right to reinstatement and to lost wages for the entire duration of the dispute.

• ✓Immediate check of whether the notice is valid
• ✓Demand to the employer for reinstatement
• ✓Lawsuit challenging the termination as invalid
• ✓Lost wages for the entire duration of the dispute
• ✓Out of court negotiation: a severance agreement
• ✓How labour court proceedings work

Step by step: what to do after receiving a termination notice

First I check the form of the notice, it must be in writing and properly delivered (Sections 50 and 334 et seq. of the Labour Code), and the stated ground, which may only be one of those listed in Section 52 of the Labour Code and must be described precisely enough that it cannot be mistaken for another ground. I check whether you were in a protected period at the time of delivery (illness, pregnancy, maternity or parental leave); under Section 53 of the Labour Code the notice is generally invalid in that case regardless of what it says. If I consider the notice invalid, I will advise you to notify the employer in writing as soon as possible that you insist on continuing to work, and prepare the lawsuit challenging its validity. Under Section 72 of the Labour Code it must be filed no later than 2 months from the day the employment was supposed to end under the notice; this is a time-bar that the court will waive only in exceptional cases.

Wrongful termination in practice: typical client situations

I most often deal with three situations: the employer gives notice for redundancy but then fills the same position with a new employee; the employer formally states a different ground (say, breach of duties) to avoid paying severance, when the real reason is redundancy; or the notice is delivered during a protected period, typically while the employee is on sick leave. In all three, acting quickly matters because of the two-month deadline, and so does notifying the employer in writing that you insist on continuing to work, otherwise you could win the case and still lose the right to lost wages.

Notice, agreement or immediate termination: what is the difference

Employers sometimes offer an agreement to end the employment instead of a notice; that requires the consent of both parties, and it too can be challenged in court as invalid, for example if you signed it under pressure or without proper explanation, the same two-month deadline under Section 72 of the Labour Code applies. Immediate termination of employment by the employer is reserved for serious breaches of duty or a final conviction for an intentional criminal offence to an unconditional prison sentence of more than 1 year, or at least 6 months for an offence committed while performing work tasks (Section 55 of the Labour Code) and is the type most often challenged as invalid, because the conditions for using it are strict. Before signing anything, I recommend having the type and content of the document reviewed; the difference between a notice and an agreement often decides whether it is even worth fighting in court.

What to prepare for the consultation

Bring me the written notice, your employment contract, and, if it exists, any communication with the employer about the reason for the termination. It also helps to show whether and when you notified the employer that you insist on continuing to work, and whether you have already registered with the labour office. The sooner you contact me, the more time remains to prepare the lawsuit before the two-month deadline expires.

Who will handle your case

Ing. Mgr. Tomáš Beneš

Attorney registered with the Czech Bar Association, based in Prague.

Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.

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How we will work together

Cost of the service

Frequently asked questions: Wrongful termination

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