Labor Law - Wrongful Termination Cases

What are the rights of employees whose employment contracts have been unjustly terminated (fired) by the employer?

Employee Rights

What are their rights?

When an employee is wrongfully terminated, they may be entitled to:

• Severance pay
• Notice pay
• Compensation for wrongful termination
• Annual leave payment
• Unpaid wages and overtime

Where should they apply?

Employees should:

1. Apply to the employer with a written objection
2. Apply to labor courts within specified time limits
3. Consider mediation process (mandatory in some cases)

How much compensation can they receive?

The amount depends on various factors:

• Length of employment
• Monthly salary
• Reason for termination
• Applicable labor laws
• Collective bargaining agreements (if any)

Types of Termination

Just Cause Termination

Employer may terminate with just cause in cases such as:

• Employee's serious misconduct
• Criminal offenses
• Repeated violations of rules
• Health issues affecting work

Unjust Termination

Termination is considered unjust when:

• No valid reason exists
• Proper procedure not followed
• Discriminatory reasons
• Retaliation for legal rights exercise

Severance Pay

Eligibility

• At least one year of employment
• Involuntary termination (or certain voluntary reasons)
• No just cause for termination by employer

Calculation

• One month's salary for each year of service
• Maximum amount is capped (updated annually)
• Based on gross salary

Notice Pay

Notice Periods

• 2 weeks: less than 6 months employment
• 4 weeks: 6 months to 1.5 years
• 6 weeks: 1.5 to 3 years
• 8 weeks: more than 3 years

Notice Pay Rights

• Payment if notice not given
• Payment for incomplete notice period
• Cannot be waived by employee

Wrongful Termination Compensation

If termination is found wrongful:

• Minimum 4 months' salary
• Maximum 8 months' salary
• Based on employee's seniority and salary
• Separate from severance and notice pay

Legal Process

Steps to Take

1. Document Everything

   • Termination notice
   • Employment contract
   • Salary slips
   • Communications

2. Written Objection

   • Send written objection to employer
   • Within 6 working days
   • Request reinstatement or compensation

3. Mediation (If Required)

   • Mandatory for some labor disputes
   • Must be completed before lawsuit
   • Quick resolution opportunity

4. Court Case

   • File within specified time limits
   • Present evidence and witnesses
   • Professional legal representation

Time Limits

Critical time limits in labor law:

• Wrongful termination objection: 6 working days
• Lawsuit filing: 1 month after mediation conclusion
• Severance pay claim: 5 years
• Receivables claim: 5 years

Employee Protection

Protected Categories

Special protection for:

• Pregnant employees
• Employees on sick leave
• Union representatives
• Workplace safety representatives
• Employees on military leave

Prohibited Grounds

Termination cannot be based on:

• Gender
• Pregnancy
• Religion
• Political views
• Union membership
• Filing complaints

Our Services

As EFE Law Office, we provide comprehensive labor law services:

For Employees

• Legal consultation
• Rights assessment
• Negotiation with employer
• Mediation representation
• Court representation
• Compensation claims

For Employers

• Employment contract drafting
• Termination procedures
• Legal compliance
• Dispute resolution
• Court defense

Why Choose Us?

• Experience: Years of expertise in labor law
• Success Rate: High success in labor cases
• Quick Service: Fast response to urgent matters
• Fair Fees: Transparent and reasonable pricing
• Personal Attention: Dedicated service to each client

Common Questions

Can I work during notice period?

Yes, you can work or employer may waive your work and pay notice pay.

What if employer doesn't pay?

You can file a lawsuit for wage execution and collection.

Can I get unemployment benefits?

Yes, if you were involuntarily terminated and meet other requirements.

Should I sign termination documents?

Consult a lawyer before signing. You can sign with "with reservation" note.

Contact Us

For labor law matters and wrongful termination cases:

Phone: +90 242 966 65 45
Email: [email protected]
Address: Meltem Mh. 3808 Sk. No:2E, Muratpaşa / Antalya

Protect your employee rights with professional legal support. Contact us for a free initial consultation.