Kicked before you have started? What you can do
Have you been dismissed before your first day of work? The NITO lawyer will give you the advice you need.
You've ended up in the horror scenario; have been terminated at the last minute before you can start your job. You thought that now the job was done and the future looked bright. But that now the plans go down the drain and money you expected to come, you have to do without.
This year, NITO lawyers are experiencing an increase in cases of dismissal shortly before taking up their position.
NITO lawyer Tone Bjellaanes
When employers wait a long time to terminate their employment contracts, this can create significant challenges for the person affected.
It becomes difficult to find a new job at the last minute, and in many cases, a financial loss is unavoidable.
Legal grey area
Bjellaanes says that there is a legal grey area between the Working Environment Act and the Contracts Act. NITO's lawyers see this as employers.
- Their argument is that the Working Environment Act is only applicable after accession, and they claim that the employment contract can be terminated according to the rules of contract law, without a claim for compensation.
- But this has not been completely clarified in law. The protection considerations that form the basis for the provisions of the Working Environment Act indicate that the cut-off date may occur at an earlier date.
- Those who have had their employment contracts terminated quite close to the start date should contact NITO for an assessment of whether the cancellation is legal, says Bjellaanes. Wrongful termination will normally give the right to take up the position or a claim for compensation.
NITO lawyers' advice if you are dismissed shortly and unexpectedly before taking up the position
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Prøv å dokumenter all kommunikasjon: Sørg for å beholde all skriftlig kommunikasjon relatert til oppsigelsen. Dette inkluderer e-poster, meldinger eller andre former for korrespondanse. Disse dokumentene kan være viktige bevis dersom du må ta saken videre.
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Søk juridisk rådgivning: NITO-advokatene er spesialister på arbeidsrett, og kan vurdere situasjonen din og gi deg råd.
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Selv om det kan hende du har rett til en økonomisk kompensasjon bør du vurdere å se deg om etter en ny jobb. En slik prosess kan ta tid. I tillegg har du også tapsbegrensingsplikt.
Contact your union representative
We recommend that you have a chat with your union representative, before contacting the NITO lawyers or submitting a case.
Knowledge of the conditions in the workplace is an important contribution to your case, even if it is passed on to the NITO lawyers.
