Termination of employment

Upon receiving a notice of termination, especially one that was neither anticipated nor understandable, feelings of annoyance, anger, and frustration often arise. However, despite any disappointment, it is crucial in this challenging situation to remain calm and seek legal advice from an employment law attorney as soon as possible.

We will first examine whether the termination is legally valid. Often, errors are made that can justify filing a claim with the labor court. It is important to note the crucial provision of Section 4 (1) of the German Protection Against Dismissal Act (KSchG), which grants a mere three-week period from the "receipt of the written notice of termination." If this deadline is missed, most legal steps and any claim will be inadmissible!

Have you received a notice of termination and are considering fighting for severance pay? Do not hesitate, as employment law, as previously mentioned, provides for surprisingly short deadlines. The goal should be to secure the highest possible severance pay, obtain an excellent employment reference, and assert other claims as effectively as possible (outstanding vacation days and overtime, bonuses, etc.).

Therefore, timely consultation with a lawyer after receiving a notice of termination is always advisable. We will advise you, among other things, on whether an unfair dismissal claim would be beneficial for you and what severance pay is realistic in your case.

• Have you received an immediate dismissal (without notice) or a regular termination?
• Are you concerned about an immediate dismissal (without notice) or a regular termination?

Process and Support

• Initial consultation, including discussion of the next steps to be taken with the employer or employee.
• In-depth consultation after establishing your individual objectives.
• Reviewing or drafting an immediate (summary) dismissal or an ordinary termination based on legal principles.
• Option to file a claim against unfair dismissal before the labor court, taking into account the distinctions between dismissals due to operational requirements, personal reasons, and conduct-related issues.
• Two phases: out-of-court and in-court proceedings.

Goals and Prospects of Success

• Alternative objectives include negotiating severance pay during the conciliation hearing before the labor court, or establishing the invalidity of the termination, which would lead to the continuation of the employment relationship.
• Comprehensive solution: Securing wage claims and bonuses, payment for unused vacation, 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.
• Detailed consultations, including written expert opinions, are available by arrangement.
• 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

• An initial consultation for consumers is available for a maximum of Euro 190.00 plus statutory value-added tax.
• Further, including written, consultation and representation depending on the scope, complexity, and significance for the client.
• For court representation, billing is based on the Lawyers' Remuneration Act (RVG) or a flat fee agreement, with an early assessment of the anticipated cost risk.
• Out of court and in the first instance before the labor court, each party bears its own legal representation costs.
• Legal expenses insurance policies cover the costs.
• In cases of financial hardship, legal aid may cover attorney's fees.