LAWYER SPECIALISING IN UNFAIR DISMISSAL CLAIMS IN MUNICH

As soon as you have any doubts about the legality of the dismissal or wish to secure a severance payment. In practice, an action for unfair dismissal is often used not only to secure one’s job, but also to gain a stronger negotiating position.

Usually three weeks from the date of receipt of the notice of termination. This time limit is crucial. If you have missed this deadline, the notice of termination is usually deemed to be valid, even if it would otherwise have been open to challenge.

Once the claim has been filed, the court will first schedule a conciliation hearing. At this hearing, the parties attempt to reach a swift settlement. If no agreement is reached, a further hearing will be held to examine the case in greater detail. Many cases are resolved as early as the first hearing.

That depends very much on the individual case. The key factors are how well-founded the notice of termination is and whether there are any errors in form or content. In many cases, there is at least some room for negotiation, even if the notice of termination is not obviously invalid.

No. You are not automatically entitled to a severance payment. In practice, however, severance payments are often agreed as part of a settlement to bring the dispute to an end.

There is no set amount. A rough rule of thumb is around half a month’s salary for each year of service. However, depending on your negotiating position, the severance pay may be significantly higher or lower.

The costs of an unfair dismissal claim depend on the value of the claim and the course of the proceedings. We generally charge in accordance with the Lawyers’ Fees Act, the statutory fee system for lawyers in Germany. Our fees are based on the value of your case and are therefore transparent and easy to understand.

Important: In the first instance, each party bears its own legal costs, regardless of the outcome of the proceedings. 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 at least in part. The prerequisite is usually that employment law is included in the cover. We check at an early stage whether insurance cover exists and which costs are likely to be covered. 

In particularly complex cases or where there is a high risk of the value in dispute, we discuss the terms on an individual basis. This way, you know early on what to expect and which course of action makes financial sense.

In principle, yes, as long as the employment relationship formally continues. In practice, however, it is common for employees to be granted leave of absence or for mutually agreed solutions to be reached. The specific details of the situation will depend on the course of your case.

Missing the deadline or waiting too long. Many people fail to act in time or underestimate the importance of the initial steps. If you act early, you have a much better chance of influencing the outcome.