Termination of Employment Contracts

An employee is deemed unsustainable and must be dismissed. This is a situation that entrepreneurs face day in and day out. Even during these phases of your business operations, we provide expert support.

Employers should seek comprehensive advice from a lawyer experienced in labor law when considering dismissing an employee. We will explain the possibilities and risks associated with a termination (such as unfair dismissal claims) and discuss any potential alternatives.

Wherever possible, we aim for out-of-court settlements to avoid lengthy and costly legal proceedings. Should an out-of-court settlement not be possible, we will, of course, represent you before all labor courts.

When it comes to terminations, a distinction must be made between ordinary and extraordinary dismissals. An ordinary termination, which can occur, for example, due to structural changes within the company or repeated misconduct by the employee, is generally possible with due notice.

Furthermore, both parties (naturally) have the option to terminate the employment relationship extraordinarily. According to § 626 of the German Civil Code (BGB), extraordinary termination is only permissible for an important reason and requires a mandatory balancing of interests.

Whether ordinary or extraordinary: both forms of termination are subject to legal frameworks. You can learn what these are and how we can support you in implementing a termination during a detailed consultation at our law firm. 

• Do you wish to issue an extraordinary termination without notice?
• Do you wish to issue an ordinary notice of termination?
• Has an employee issued an extraordinary (immediate) or ordinary notice of termination?

Process and Support

• Initial consultation, including discussion of the next steps concerning the employee
• In-depth consultation after determining individually set objectives.
• Reviewing or drafting an immediate (summary) dismissal or an ordinary termination based on legal principles.
• Representation in connection with an unfair dismissal claim filed by an employee before the labor court.

Goals and Prospects of Success

• Alternative objectives: Negotiating a severance package during the conciliation hearing before the labor court, or establishing the validity of the termination, which would result in the end of the employment relationship.
• Comprehensive solution: Defense against wage claims, bonuses, or payment in lieu of untaken leave, and issuance of an employment reference.
• Restoring workplace harmony.

Time Commitment and Duration of Proceedings

• Consultations are available at any time and on short notice.
• The duration of an unfair dismissal lawsuit is largely determined by the courts; a conciliation hearing for swift dispute resolution is usually scheduled within two to six weeks.
• The duration of contentious proceedings is largely determined by the courts, often lasting several months.

Costs and Fees

• Initial consultation in straightforward cases is available for Euro 190.00 plus statutory value-added tax
• For our advisory services, we offer time-based billing.
• For the drafting and review of documents, we offer billing based on time spent or fixed-fee agreements.
• For litigation representation, fees are incurred at least according to the Lawyers' Remuneration Act.
• For ongoing consultation, we naturally offer flat-rate fees. For individual projects, we also establish remuneration systems with you that can be tailored to your specific needs, combining fixed-rate components with variable elements such as time spent.