If you receive a notice of termination from your employer, experience shows that this triggers concerns about your future livelihood and raises a variety of questions and problems. As employment lawyers in Berlin with decades of experience, we are here to assist you in finding answers and solutions.
What Should I Do? – The First Steps!
If you have received a notice of termination, we recommend that you have us—certified specialist lawyers in employment law—conduct an initial assessment to determine whether taking action against the termination is appropriate.
We strongly recommend contacting us promptly by phone or email, as a three-week deadline for filing a claim for protection against termination begins as soon as you receive the notice.
You will then be scheduled for a consultation at short notice in our modern office, during which we will answer all your important questions and discuss our next steps together. Of course, you can also have this consultation via phone or digital communication.
You’ll quickly realize how reassuring it is to have us, as employment lawyers, by your side in this situation.
As another first step, you should register as a job seeker with the Federal Employment Agency immediately upon receiving your notice of termination.
Why is a lawsuit necessary?
If the 3-week deadline passes without a lawsuit being filed, the termination is generally considered valid and cannot usually be successfully challenged.
A lawsuit for protection against termination opens the door to a wide range of negotiations with the employer. These negotiations typically lead to a settlement with an optimal outcome. Such an agreement typically includes
- Severance payments
- Leave of absence
- Provisions regarding thereference grade Provisions regarding
- unused vacation time
- Provisions regarding salary payments
And bonuses However, an action for unfair dismissal may also result in reinstatement.
Why Seek Advice from a Certified Employment Law Specialist?
With us, you receive professional advice, support, and representation because we are certified specialist lawyers in employment law, certified by the competent German bar association. This qualification entitles us to use the German title “Fachanwalt für Arbeitsrecht” (certified specialist lawyer in employment law).
We’ll assess your legal situation, taking relevant case law into account, and work with you to determine the next steps.
That’s why you’ll receive 100% employment law at the highest level, which we’ll use to your best advantage.
General information can supplement, but not replace, an individual review of your case.
What arguments might my employer raise against my termination?
There are many ways to challenge a termination. First, it must be determined whether the Unfair Dismissal Protection Act applies, which is typically the case for employers with more than ten full-time employees and employees who have been with the company for more than six months.
In principle, the application of the Unfair Dismissal Protection Act means that you do not have to prove the invalidity of the termination; rather, the employer must provide a detailed explanation of the grounds for termination—but only if you have filed a lawsuit for protection against unfair dismissal in a timely manner.
That is why it is so important to contact us—certified specialist lawyers in employment law—as soon as possible.
Terminations may be invalid because:
- the notice period was not observed
- special protection against termination applies
- the termination contains a formal error
- there is no business-related reason for termination
- there is no personal-related reason for termination
- there is no conduct-related reason for termination
- the works council was not properly consulted
- the termination is disproportionate
- there is no just cause for termination
- without notice a warning was not issued before the termination was announced
- an adequate social selection process was not conducted
These points provide only a general overview of possible grounds for challenging the termination. In the context of an action for protection against termination, we—as certified specialist lawyers in employment law— will examine the legal options available and tailor the proceedings to your objectives.
However, even if you were employed by a small business, a termination can often be successfully challenged.
How does the unfair dismissal proceeding work?
We will file a claim for protection against termination with the competent labor court if you retain us and provide the relevant documents, such as your employment contract, termination letter, etc.
Because expedited proceedings apply in labor court, a conciliation hearing is scheduled relatively quickly, during which an amicable settlement is discussed and often reached.
However, this does not mean that negotiations cannot begin earlier.
In many cases, it is even possible to reach a settlement through written proceedings—in which all key points are negotiated—without ever having to appear in court.
The vast majority of dismissal protection proceedings end in amicable settlements. Only if no agreement is reached during the proceedings will the labor court, following a second hearing—known as a “chamber hearing”—issue a ruling on whether the termination is valid or not.
