LAWYER SPECIALISING IN DISMISSAL CASES IN MUNICH

The most important time limit begins immediately. Once you have received your notice of termination, you usually have only three weeks to take legal action against it. In addition, you should register as a jobseeker with the Jobcentre as soon as possible. This must generally be done no later than three months before the end of your employment. If the notice of termination is given at shorter notice, you must do so within three days of receiving the letter of termination. If you miss this deadline, you risk losing out on unemployment benefits.

Usually three weeks. The time limit for bringing an action for unfair dismissal is generally 21 days from the date of receipt of the notice of dismissal. If you miss this deadline, the dismissal will in many cases be deemed valid, even if it would otherwise have been open to challenge.

A notice of termination may be invalid if legal requirements have not been met. Common reasons for this include procedural errors, a lack of or insufficient grounds for termination, or breaches of employment protection legislation. Special protective provisions, such as those relating to certain groups of people, may also be relevant.

You do not usually have an automatic right to this. Severance payments are usually agreed through negotiation or as part of legal proceedings. Whether a severance payment is made depends largely on how vulnerable the dismissal is to legal challenge and how high the risk is for the employer.

There is no set amount. A rough guide often given is half a month’s salary for each year of service. However, this figure is only a guideline. Depending on the circumstances, the severance payment may be significantly higher or lower.

Yes, that is possible. Under certain conditions, your employer may grant you leave of absence. The question then arises as to whether this leave is revocable or irrevocable, and how any remaining holiday entitlement and overtime will be dealt with. You should have these points checked carefully.

That depends on the individual case. If you are made redundant by your employer, you will usually receive unemployment benefit, provided the eligibility criteria are met. Problems may arise if your behaviour was the reason for the redundancy or if you failed to meet deadlines.

No. A notice of termination is a unilateral declaration and is valid even without a signature. A signature merely confirms receipt, but is not required.

Waiting too long. Many people react too late, or not at all. If you miss deadlines or make hasty decisions, you often miss out on important opportunities. The first few days after receiving the notice of termination are crucial in determining the final outcome of your case.