Damages and Compensation
Entitlement to Damages and Compensation – what Applies?
A dismissal, whatever the reason, must be carried out in accordance with the law. There are clear legal rules and rules in collective agreements that set out the acceptable grounds for dismissal and how to proceed.
If the employer does not comply with these rules, it may result in the dismissal being declared invalid and the employer may also be liable for damages. As an employee, you can receive damages if you have been dismissed or fired on incorrect or insufficient grounds.
Damages are paid under the Employment Protection Act (1982:80) and the employee may be entitled to both financial and general damages. The purpose of damages is to compensate the employee for the loss and injury caused by the wrongful termination or dismissal.
Economic damages include, for example, the unlawful withholding by the employer of wages or other benefits due to the employee. If it is proved that there are no legal grounds, the employer may be liable to pay damages equal to the number of wages or benefits wrongly withheld.
General damages are awarded in addition to economic damages and are intended to compensate for the harm caused to the employee by the breach of law. It is therefore a non-pecuniary compensation.
Advantage helps you with Damages and Compensation
As an employee, it can be difficult to know what to do after termination or dismissal – often resulting in no action being taken. As lawyers working in this field, we often see that dismissal or termination has no factual or legal basis.
It often pays to contact a competent lawyer as soon as possible after the announcement, not least because of the deadlines in employment law.
If you are looking for a labor lawyer to help you with your case, you have come to the right place!
Need help with damages and compensation claims? Advantage Law Firm assists businesses and individuals with legal support for compensation, claims disputes and liability cases.
With Advantage as your Labor Lawyer
Advantage Law Firm has a long experience in labor law negotiations and disputes in court, and we handle cases all over Sweden.
As labor lawyers, we have extensive experience and expertise in disputes between employers and employees. We help both employees and employers with all issues related to labor disputes – including issues of damages and compensation.
Are you in need of a lawyer today? Get in touch with us, either by calling us on 08 – 20 21 40 or by emailing info@advantage.se
Contact us and we will help you with damages and compensation!
Vanliga frågor och svar
What does compensation (damages) mean under employment law?
Compensation in employment law may include both economic damages (such as unpaid wages, holiday pay, or lost benefits) and non-economic damages (for violation of rights, wrongful termination, or breaches of the Employment Protection Act or the Holiday Act).
When am I entitled to compensation for wrongful termination or dismissal?
You may be entitled to compensation if the termination or dismissal lacked objective grounds or was carried out in violation of the Employment Protection Act (LAS) or an applicable collective agreement.
You may also be entitled to damages if your employer has failed to pay outstanding holiday compensation within one month after your employment ended.
What types of damages exist?
How large can the compensation amount be?
The amount varies depending on the circumstances, such as your length of employment, the type of legal violation, and the extent of your financial loss. Some levels are regulated by LAS.
Can an employer also claim damages?
Yes, in some cases. An employer may claim compensation if an employee has caused damage intentionally or through gross negligence. However, the burden of proof is high.
How is compensation taxed?
Economic damages that replace income are generally taxable. Non-economic damages may be tax-free but can be taxable if they are directly connected to the employment relationship.
What is required for an employer to avoid liability for damages?
Employers must comply with applicable law, collective agreements, and employment contracts. Wrongful termination, lack of documentation, or discrimination may result in liability for damages.
What should I do if I believe I am entitled to compensation?
Contact an employment lawyer as soon as possible. There are strict deadlines for claiming damages, and clear evidence is required. We help you assess your rights, gather documentation, and act in time.
Do you also assist employers who risk being liable for damages?
Yes. We represent both employees and employers, helping companies prevent disputes, manage claims, and act correctly under law and collective agreements.
Why should I hire Advantage Law Firm for matters regarding compensation and damages?
Advantage Law Firm has over 18 years of experience in Swedish employment and compensation law, and we have successfully represented both employees and employers nationwide. We understand that issues concerning compensation often arise in stressful and sensitive situations, such as after a termination, dismissal, or financial dispute.
With us, you receive qualified legal advice, personal guidance, and complete handling of your case. We thoroughly assess your entitlement to compensation, help you collect the necessary evidence, and evaluate the potential compensation amounts.
For employers, we help prevent risks, manage claims, and ensure compliance with applicable laws and collective agreements.
Hos oss får du kvalificerad juridisk rådgivning, personlig kontakt och ett helhetsgrepp om ditt ärende. Vi utreder noggrant dina möjligheter till ersättning, hjälper dig att dokumentera bevisning och bedömer hur stora belopp du kan ha rätt till.
Om du är arbetsgivare hjälper vi dig att förebygga risker, hantera krav och agera korrekt enligt lag och kollektivavtal.
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