Kontny Law Firm - Cross-border legal solutions - your lawyer for competent advice in two languages

Lawyer Dismissal Protection Claim Cologne

Employment law services

Dismissal protection suit - my remedy against unfair dismissal

Are you facing dismissal or have you already been fired? Have you been dismissed under false pretenses or are the reasons given by your employer incorrect? If you have been dismissed, you will rightly feel that this is unfair: dismissals are often obviously ineffective. The chances of successfully defending yourself against dismissal as an employee are therefore high.

I understand how stressful this issue can be; after all, your livelihood depends on your employment. When the letter of termination lands in your mailbox, it can quickly lead to not only financial problems, but also social problems. It is therefore all the more important to seek professional advice. As a lawyer, I know how employees can defend themselves against dismissals. It is crucial that you act immediately, because in employment law there is a short notice period of 2 weeks.

How to defend yourself successfully

In order to successfully defend yourself with a wrongful termination suit, the following points must be taken into account:

Deadline for filing a lawsuit

The lawsuit must be filed within 3 weeks.
If the action is not filed within the time limit, the termination shall be deemed effective.

Employment office

Regardless of whether you file a complaint or not, you should immediately register as a job seeker with the employment office.
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 you have it and it has not already been provided during your employment.
However, you must still file a lawsuit against a termination that has already been pronounced.

Works council (if available)

Consult the works council.
Before any termination, the employer must present the reasons for termination and allow the employee to be heard.
If the works council has objected to your dismissal, this increases your chances.
Make as detailed a note of your working conditions 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, your unemployment benefit I can be blocked for some time.
Promises to withdraw notice of termination are only valid in writing; employers use verbal promises to try to persuade employees to comply with the notice period.
Your entitlement to back pay in the event of a successful unfair dismissal claim will be void if you unreasonably refuse an offer of employment during the trial.

Labour Court

The aim is to resume the employment relationship, but processes often end in severance pay.
The court consists of one full-time judge.
If no agreement is reached, a chamber hearing will take place with: a judge and two lay judges (one representative each of the employer and employee side).

Make an inquiry now

We would be happy to advise you comprehensively and personally on your concerns.

How I can help you

If you are dismissed, I will be at your side to get the best out of it. With my many years of practical experience, I advise and represent you in the dismissal protection process: from the dismissal letter to the labor court. It is crucial to clarify the circumstances of the dismissal. Depending on the prospects of success, it is important to insist on the continuation of the employment relationship or to negotiate a severance payment. My maxim is an acceptable solution that corresponds to your rights and claims.

If you are my client, I will handle the correspondence with your employer, the works council, the employment court and the authorities to relieve you of as much stress as possible during this difficult phase. I will be happy to discuss legal and court costs as well as your potential claims against the employer in advance so that you know what to expect.

How much does a dismissal protection process cost?

The costs of a dismissal protection process consist of court and legal fees. They are calculated according to the Court Costs Act (GKG) and the Lawyers’ Remuneration Act (RVG). The amount depends on the value in dispute, which in a dismissal protection procedure is calculated as 3 gross monthly salaries.

How long is the limitation period for filing a lawsuit?

The deadline for filing the action is Dismissal Protection Act (KSchG) 3 weeks. In general, it is possible to file a lawsuit at a later date. However, the reason for dismissal, even if it is unjustified, is considered valid, which is why the dismissal protection lawsuit is rejected as unfounded.

What is the difference between ordinary and extraordinary termination?

While an extraordinary termination ends the employment relationship immediately, in the case of a regular termination the notice period must first be waited for. A reason is not required in this case, but the employer is obliged to make a social selection. An extraordinary termination can only be issued for certain reasons.

How long is the notice period?

The notice period for ordinary termination by the employer is set out in the German Civil Code (BGB). This depends on the length of service and is between 1 and 7 months. As an employee, I have the option of giving notice within one month. Deviations can be regulated by collective agreements or individual agreements.

Is it possible to give notice of termination verbally?

According to the German Civil Code (BGB), termination must be made in writing. This means that the termination letter must be written on paper and signed by hand. Electronic forms such as SMS, email, PDF or electronic signatures are not permitted.

Which court has jurisdiction over my unfair dismissal claim?

The labor court has jurisdiction over all civil disputes between employees and employers, such as unfair dismissal claims. The labor court of the district in which the employee usually has his or her place of work or where the business premises are located has local jurisdiction.

Can a termination agreement replace a termination?

A termination agreement is an alternative to terminating the employment relationship. In this context, neither notice periods nor social selection need to be taken into account. However, if I conclude a termination agreement, the employment office will impose a waiting period for receiving unemployment benefit I.

What is meant by a termination agreement?

An employment relationship can also be terminated by a termination agreement, which is also known as a dissolution agreement. In this agreement, the parties can agree on severance pay or non-competition clauses, among other things. However, it is important that the written form is observed, as is also required for a letter of termination.

Am I entitled to severance pay?

In general, an employee is not entitled to severance pay after termination. However, a severance payment agreement can be made in a termination agreement.

Does the employment relationship continue after a dismissal protection process?

The aim of the unfair dismissal claim is to establish that the dismissal is invalid. If the dismissal is invalid, the employment relationship continues. However, unfair dismissal proceedings usually end with a settlement, which also includes the termination of the employment relationship.