Introduction

Losing your job is one of the most traumatic situations you can experience as an employee. But not all dismissals are legal – some are unfair, and many employees are unaware that they may be entitled to get their job back or claim financial compensation. Here is an overview of when a dismissal is invalid and what you can do about it.

When is a dismissal unfair?

In Norway, employers cannot freely dismiss employees. According to Section 15-7 of the Working Environment Act, any dismissal must be objectively justified on the basis of either:

• the employee's own circumstances (e.g., serious breach of duty or repeated misconduct), or
• the company's circumstances (e.g., downsizing or reorganization).

If there is no objective reason, the termination is invalid. This also applies if the employer has not followed the correct procedure, for example by failing to hold a consultation meeting.

Examples of unfair dismissals

• You have been dismissed without prior warning or discussion.
• The termination is based on illness (within one year of absence).
• You have reported unacceptable conditions – and lost your job shortly afterwards
• The termination is vaguely justified by "cooperation problems" without documentation.
• The employer claims there are job cuts, but hires new employees shortly afterwards.

What are you entitled to?

If the termination is unjustified, you as an employee have several rights:

1. Reinstatement: You can demand to get your job back. The courts have the authority to overturn the dismissal.
2. Compensation: You can claim financial compensation for lost wages, future loss of income, and compensation for the stress caused.
3. Wages during the dispute: If you contest the dismissal and the case ends up in court, in most cases you are entitled to remain in your position and receive wages until the case is decided.

That is why you should contact a lawyer early on.

There are short deadlines for contesting a termination. As a general rule, you must:

• Request negotiations within two weeks of receiving the termination notice, and
• Take legal action within eight weeks if the negotiations are unsuccessful

An experienced labor lawyer can quickly assess whether the termination is legally valid and assist you with negotiations or litigation if necessary.

Do you need help?

Have you been dismissed and are unsure whether it is legal? We can assist you with:

• Quick assessment of the case
• Negotiations with the employer
• Possible legal proceedings

Contact us today for a no-obligation assessment. We often offer fixed prices for termination cases – and help you protect your rights.