Lawyer for termination of employment for the municipality Stelle

Whether you are protected against dismissal depends on whether the Dismissal Protection Act applies to your employment relationship. This is the case if you (1) have been employed by your employer for more than 6 months and (2) your company employs more than 10 full-time employees. In this case, the employer needs a reason for the dismissal - behavioral, personal, or operational. If these requirements are not met, the dismissal can still be invalid. This is the case, for example, if the dismissal was not made in writing or if the works council was not consulted about the dismissal. Dismissals for disciplinary reasons are also invalid. Example: You report sick, whereupon the employer promptly dismisses you.

In most cases, the statutory notice periods apply. This is a minimum standard that the parties to the employment contract may not fall below. However, they may certainly agree to longer notice periods. Shorter notice periods are also possible under collective agreements. In the cleaning industry, for example, the notice periods are particularly short. The notice periods applicable to your employment relationship are stated in your employment contract.

No, there is no legal right to severance pay in Germany. Yet, many unfair dismissal proceedings end in a settlement in which the employer agrees to pay severance pay. In other words, severance pay is merely the employer's way of "buying out" of the employment relationship.

Courts often set a settlement amount of half a gross monthly salary per year of employment. However, this isn't set in stone—you don't have to agree to it. If the termination is highly likely to be invalid and the employer is on the verge of losing the case, the situation looks very different. In that case, they might be willing to pay a much higher severance payment. For example, one gross monthly salary per year of employment, or 1.5 salaries. It all happens all the time.

No problem. You decide which steps we take in the unfair dismissal process. If you are interested in returning to your old job, we will not enter into settlement talks. In this case, we will pursue the case until a decision is reached in the chamber hearing and obtain a judgment for you. If successful, the court will determine in the judgment that "the employment relationship has not been terminated by the dismissal." In other words, the employment relationship would continue, and you could return to work. The employer may have to pay you back wages for the past months.

That's impossible to say in general. If, for example, you stole something from your employer or were physically abusive towards your supervisor, you probably don't have a good chance. If, on the other hand, you were dismissed for operational reasons, you must carefully examine whether your job has actually been eliminated. In some cases, you could be employed elsewhere, or your employer may have dismissed you even though you are significantly more socially deserving of protection than other employees. All of these lead to the dismissal being invalid. In this case, you would have a good chance of winning. You would also have a good chance of success if your employer dismissed you because you were absent for an extended period due to illness but then overcame it. As you can see, it varies from case to case.

In the event of a dismissal, lawyers can give you an initial assessment of the validity of the dismissal. In many cases, employees more or less know the reason for the dismissal. Lawyers can then advise you on whether filing a wrongful termination suit could be successful for you. The lawyer will also examine, for example, whether the dismissal contains any formal errors. These could render the dismissal invalid. If necessary, they will arrange for important declarations to be made on your behalf that strengthen your legal position. If the case goes to court, an employment lawyer will take over the defense against your dismissal. They will then attend hearings before the employment court on your behalf. They will also prepare pleadings for the court to assert your interests.

A brief assessment of your termination by a lawyer is recommended. During the initial (free) consultation, the lawyer will be able to provide you with important information about whether you should take legal action against the termination. This is essential if you want to defend your legal interests.