TURGERLEGAL - Labor Law
Lawyer for unfair dismissal claims in Berlin
Your competent lawyer in employment law
Dismissal protection lawsuit - your remedy against unfair dismissal
Are you facing dismissal, or have you already been fired? Were you dismissed under false pretenses, or are the reasons cited by your employer incorrect? If you are dismissed, you rightly feel unfairly treated: dismissals are often clearly invalid. Therefore, the chances of success for an employee to defend themselves against dismissal are high.
I know how stressful this topic can be; after all, your livelihood depends on your employment. When a termination letter lands in your mailbox, it can quickly lead to not only financial but also social problems. Therefore, it's all the more important to seek professional advice. As an employment lawyer, I know how employees can defend themselves against termination. It's important that you act promptly, because employment law stipulates a short notice period of two weeks.
How to defend yourself successfully
In order for us to successfully defend you in a wrongful termination lawsuit, the following points must be taken into account:
Deadline for filing a lawsuit
- File the lawsuit within 3 weeks.
- If the action is not filed within the deadline, the termination is deemed to be effective.
employment agency
- Regardless of whether you file a complaint or not, register as a job seeker with the employment office immediately.
- If you miss the deadline, you will lose your entitlement to unemployment benefit I.
Proof of disability or pregnancy
- Submit your disability or pregnancy certificate, if available and not already submitted during your employment.
- You still have to sue against a termination that has already been issued.
Works council (if applicable)
- Consult the works council.
- Before any termination, the employer must have the reasons for termination available and hear the employee.
- If the works council has objected to your dismissal, this increases your chances.
- Note your working conditions as accurately as possible
Be careful when making agreements with your employer:
- Pay attention to termination agreements, commitments to withdraw notice of termination, and employment contracts during the process.
- On the one hand, termination agreements can include a severance payment, but on the other hand, they can block unemployment benefit I for a certain period of time.
- Promises to withdraw notice of termination are only valid in writing; with verbal promises, employers try to keep employees informed until the notice period expires.
- Your right to back pay if you win a wrongful termination suit will be lost if you unjustifiably refuse an offer of employment during the trial.
Labor Court
- The aim is to resume the employment relationship, but often processes end in a severance payment
- Consists of one full-time judge
- If no agreement is reached, then a chamber hearing with: judge and 2 lay judges (employer and employee representatives)
How we help you
If you are dismissed, we are at your side to help you get the best out of your dismissal. With our many years of practical experience, we advise and represent you in unfair dismissal proceedings: from the termination letter to the labor court. Clarifying the circumstances of the dismissal is crucial. Depending on the prospects of success, it may be important to insist on continued employment or negotiate a severance payment. Our goal is a fair solution that meets your rights and expectations.
If you are our client, we will handle all correspondence with your employer, the works council, the labor court, and the relevant authorities to relieve you of as much stress as possible during this difficult period. We are happy to discuss legal and court fees, as well as your potential claims against your employer, in advance, so you know what to expect.
Frequently Asked Questions (FAQ)
If the unfair dismissal claim is successful, the employee is entitled to back pay for the wages not yet paid. The employer then offers employment pending litigation to avoid being forced into the acceptance process for the employee's claim to work.
If the dismissal is found to be invalid, the employee is entitled to back pay for the duration of the proceedings. However, this right may be lost if the employee unreasonably refused the offer of employment during the proceedings.
While an extraordinary dismissal terminates the employment relationship immediately, a regular dismissal requires the expiration of the notice period. There is no need to provide a reason for the dismissal, but the employer must make a social selection. Extraordinary dismissal can only be granted for specific reasons.
The notice period for ordinary termination by the employer is governed by the German Civil Code (BGB). This depends on the length of service and ranges from 1 to 7 months. The employee can terminate within 1 month. Exceptions can be regulated by collective bargaining agreement.
According to the German Civil Code (BGB), terminations must be in writing. This means the termination letter must be in paper form and signed by hand. Electronic forms (such as text messages, emails, PDFs, or electronic signatures) are not permitted.
The labor court has jurisdiction over all civil disputes between employees and employers (i.e., labor matters such as unfair dismissal claims). Local jurisdiction lies with the labor court of the district in which the employee usually performs their work or the place of business.
A termination agreement replaces the termination of the employment relationship. Notice periods or social selection criteria do not need to be observed. However, if a termination agreement is concluded, the employment office will impose a waiting period for receiving unemployment benefit I.
The employment relationship can also be terminated through a termination agreement (also called a dissolution agreement). In this agreement, the parties can stipulate, for example, severance pay or non-competition clauses. However, the written form must be observed, as with a letter of termination.
An employee is generally not entitled to severance pay after termination. However, a severance agreement can be agreed upon in a termination agreement.
The goal of a wrongful termination lawsuit is to establish the invalidity of the termination. If the termination was invalid, the employment relationship continues. However, wrongful termination lawsuits usually end with a settlement, which also includes the termination of the employment relationship.
