Has your employment been terminated?
Here you will find information on the topics of termination and employment contract as well as warning and severance pay, which can serve as initial orientation and assistance. You will also find information on taking legal action against dismissal to the Berlin Labor Court or other labor courts and on representation by a lawyer for labor law.
What to consider?
If you have received notice of termination from your employer, you will have countless questions running through your head. Both regarding the termination itself, e.g. whether it is effective at all, as well as questions about how you should best behave now, for example vis-à-vis your employer or the employment agency.
If the validity of an employer’s termination is not challenged within three weeks of receipt of the termination notice by filing an action for protection against dismissal with the Labor Court, the termination is deemed to be effective. There are only a few special cases in which the action for protection against dismissal is still exceptionally permitted by the labor court despite the expiration of the three-week period; this may be the case, for example, if the employee was unable to meet the deadline due to serious illness.
Under no circumstances may negotiations with the employer about a settlement of the employment relationship or even the possibility of a “withdrawal” of the termination be regarded as such an exceptional case justifying the admission of an action for protection against dismissal after the expiry of the three-week period. In other words, even during negotiations with the employer about the termination, no matter how constructive they may seem, the three-week period continues to run. Once this period has expired, the employer will hardly have any serious interest in continuing the talks. This is because the validity of the termination and thus the termination of the employment relationship can then no longer be challenged. Your chances of achieving a continuation of the employment relationship or receiving an appropriate severance payment, depending on your interests, would be lost.
Wrongful termination case ?
Call an English speaking employment lawyer for a free initial consultation in the event of termination or write an email
Does representation by a lawyer and specialist in labor law make sense?
Protection against unfair dismissal
For the termination of an employment relationship by the employer, the legislator has set quite tricky hurdles. On the one hand, this concerns formal requirements for the termination, such as – to name just a few – different notice periods, an obligation to hear the works council or staff council, the requirement for the termination to be in writing, or the two-week period for issuing an extraordinary termination, often without notice.
On the other hand, the law also imposes numerous substantial requirements for a lawful termination. A cornerstone of protection against dismissal is the Dismissal Protection Act (“Kündigungsschutzgesetz”), with far-reaching requirements for the justification of a socially justified dismissal.
In addition, there are numerous special regulations to protect against unfair dismissal, such as regulations to protect severely disabled persons or the Maternity Protection Act to protect expectant mothers during pregnancy and for some time after the birth.
This list of examples already makes it clear that the termination of an employment relationship is a thoroughly error-prone undertaking for the employer. It is therefore worthwhile in most cases to check the effectiveness of a termination and to defend oneself against an unjustified termination.
Protection against Dismissal
Did you receive a wrongful termination? Call an English speaking lawyer or send an email: