YOUR EMPLOYMENT LAW SOLICITOR IN MUNICH

First of all, stay calm and don’t sign anything hastily. You should then make sure to keep a copy of all relevant documents, such as your notice of termination, written warning, mutual termination agreement, emails or meeting notes. If your employment is ending or is due to end, you should also register with the Jobcentre immediately. If you register as a jobseeker too late, you risk facing disadvantages regarding your unemployment benefit.

Often less than you might think. If you receive a written notice of termination, you must generally file an action for unfair dismissal within three weeks of receiving it. If you miss this deadline, you will often lose the opportunity to successfully challenge the termination. Short deadlines also apply at the Job Centre. You must generally register as a jobseeker no later than three months before the end of your employment; if you find out at short notice, you must do so within three days.

We can often only assess this reliably after a review. Not every dismissal, warning letter or termination of contract stands up to legal scrutiny. The decisive factors are always what exactly happened, what documents are available and whether deadlines were met. Often, it is not just a question of whether the other party can be challenged legally, but also of whether a severance payment, a better reference or another favourable outcome can be achieved.

Not automatically. In Germany, there is no general legal entitlement to a severance payment. One important exception is Section 1a of the German Employment Protection Act (KSchG) in the case of certain redundancies for operational reasons. In practice, however, severance payments are often the result of negotiations, for example when the employer wishes to avoid a risk. How much you can secure therefore usually depends on your negotiating position.

That depends on the case and how we proceed. We generally charge in accordance with the Lawyers’ Fees Act, the statutory fee system for lawyers in Germany. The amount of the fees is based on the value of the matter in dispute and is therefore transparent and easy to understand. 

In an action for unfair dismissal, each party bears its own legal costs in the first instance. Court costs are often only incurred if no settlement is reached. If you have legal expenses insurance, this will in many cases cover the costs in full or in part. 

In particularly complex cases or where there is a high risk of the value in dispute, we discuss the terms on a case-by-case basis. We assess the cost implications right at the outset so that you know early on what to expect.

In many cases, yes. The main requirement is usually that employment law is covered by your legal expenses insurance. Whether the costs are covered in full depends on the specific policy and the circumstances of the case. 

We check at an early stage whether insurance cover is in place and whether a confirmation of cover can be obtained. This makes it easier to assess which costs will be covered and what excess you may have to pay. 

If there is no cover, or only partial cover, we will discuss the next steps with you in a transparent manner and agree on the appropriate course of action for the situation.

Doing nothing is often the biggest mistake. In employment law, the first few days are often decisive in determining what options are still available. This is particularly true in the case of redundancies, due to the three-week notice period, and when registering with the Jobcentre, as delays can lead to potential disadvantages regarding unemployment benefits. Those who act early usually have a much greater influence on how things unfold.