Attorney | Labor Law
Wrongful Termination — Rights & Compensation
Were you dismissed without a hearing, due to pregnancy, because of a complaint, or immediately without notice? Adv. Liron Yitzhak Elmaliach, free initial consultation.
The Pre-Dismissal Hearing — The Right to Be Heard Before Dismissal
Before any dismissal, an employer must conduct a pre-dismissal hearing — a genuine opportunity for the employee to present their position and respond to allegations against them. The hearing must be held in good faith: the employer must come with an open mind, listen to the employee, and consider their words before reaching a final decision.
A token hearing — conducted only to provide the employer with formal cover, when the decision was already made before it — is not a valid hearing. Courts examine whether the hearing was genuine: whether sufficient time was given, whether the employee received the allegations in advance, whether they were given an opportunity to prepare.
Failure to hold a hearing — in most cases — constitutes grounds for compensation. Even if the dismissal itself was justified, the Labor Tribunal may award damages for breach of the hearing duty.
Prohibited Dismissals — Who Is Protected?
Israeli law prohibits dismissal of certain groups without a special permit from the Ministry of Labor. Those protected include: pregnant employees, employees on maternity leave, employees on sick leave (under certain conditions), employees who have returned from reserve military service, and employees who filed a sexual harassment complaint.
Dismissing a pregnant employee without a permit is a criminal offense — and may entitle the employee to tens of thousands of shekels in compensation without the need to prove actual damage. The burden is on the employer to prove the dismissal was unrelated to the pregnancy.
Important: even if the employer frames the dismissal as a "budget cut" or "structural change" — if the dismissal occurred in temporal proximity to the pregnancy, a complaint, or a leave — the court will examine the causal connection in depth.
Compensation for Wrongful Termination
In addition to regular severance pay (salary × years of service), you can claim: compensation for breach of the hearing duty, compensation for emotional distress and harm, compensation for lost income (salary during the job search period), and in cases of prohibited dismissals — compensation without proof of damage.
Filing a claim in the Labor Tribunal can proceed alongside negotiations — sometimes the threat of a lawsuit is enough to prompt the employer to offer a respectable settlement. The attorney manages all phases — from negotiation to courtroom representation.
Free initial consultation — to assess whether there are grounds and what the chances of success are.
Frequently Asked Questions — Wrongful Termination
Everything you wanted to know about wrongful termination and your rights
Were You Dismissed? Know Your Rights
Free initial consultation — Adv. Liron Yitzhak Elmaliach