Dr. Veaceslav Ghendler | Ilja Ruvinskij | Jan Glitsch
DIGITAL LAW FIRM FOR LABOR LAW IN GERMANY
English speaking labor lawyer
Have you been dismissed or do you have questions about severance pay or a termination agreement?
- 100 % free and non-binding initial estimate
- Expert for dismissal protection claims / dismissal protection proceedings
- Review of termination agreements
- Settlement and termination negotiations
Jan Glitsch | Specialist lawyer for labor law
Jan Glitsch
Labor law attorneys
- Quick initial assessment
- Specialized in terminations
- Top rated by clients
Available Now
Check your termination now in just 6 steps
Have you been terminated?
- Filing a dismissal protection claim
- Obtaining compensation
- Obtaining immediate exemption
- Extended notice period for job search
- Negotiate a very good certificate
Have you received a contract of termination?
- Avoid blocking period
- Secure higher compensation
- Secure a very good certificate
- Extension of the notice period for finding a new job
- Negotiate exemption
You have 2 weeks, 6 days, and 23 hours left…
You only have three weeks after receiving your notice of termination to file a lawsuit. Contact a lawyer now.
Did you know that only 12% of employees who are dismissed take action against their dismissal? Over 90% of unfair dismissal claims end in a settlement that usually exceeds the costs of the lawsuit.
Initial assessment
- Free and non-binding initial assessment via video call or telephone
- Personal support from a labor law attorney
- Clear recommendations for further action
Enforcement and legal action
- Representation in all court instances
- Low cost risk: If you do not have legal expenses insurance, the fees will ultimately be offset against your severance pay.
Get in touch
Do you have questions about labor law and are looking for clear recommendations on how to proceed? Give us a call and speak directly to one of our lawyers.
There is no reason not to take action against dismissal
Employees who have been dismissed are often reluctant to take action against dismissal. Fear of the costs involved on the one hand and the potential threat to their career on the other holds many back. There are various strategies for averting damage to your reputation. What we can do for you:
- In a detailed consultation, we evaluate whether legal action is advisable. We advise you on the strategic approach, also with regard to a new employment relationship.
- To avoid a suspension period imposed by the employment agency, we can convert a termination without notice into a regular termination.
- We negotiate a fair settlement for you, enforce your payment claims, and adjust your employment reference so that nothing stands in the way of your future career.
- When concluding a settlement, we always ensure that it is not apparent to the new employer that there has been a labor law dispute with the previous employer.
How much does an unfair dismissal lawsuit cost?
The costs of an unfair dismissal lawsuit in court are usually manageable. Either your legal expenses insurance will cover the costs, or the fees will be offset against your severance pay at the end of the proceedings.
The amount of the severance payment is based on general experience. The exact amount and whether a severance payment is made is a matter of negotiation. With the support of a lawyer, you can significantly influence the amount of your severance payment. Contact us now and let us find out how much you are entitled to.
Received a termination notice? Two important tips from an employment lawyer
If your employer has terminated your employment, take these two tips to heart:
- You only have three weeks from the date of receipt of the termination notice to save your job. If you do not file a lawsuit during this period, your job will be lost for good. Even a severance payment is usually unrealistic after this period has expired. You should therefore consult a specialist labor lawyer as soon as possible to review your case and, if necessary, file a lawsuit.
- Register with the employment agency as a job seeker as soon as possible. If you do become unemployed, you may otherwise face a waiting period for unemployment benefit. This means you will have to wait longer to receive your benefits. If you contact us in time, we can help you with the registration process.
Termination for operational reasons
Termination for operational reasons is one of the most common types of termination. Around 70% of employees lose their jobs in this way – often despite excellent performance and impeccable conduct.
The legal hurdles for redundancies for operational reasons are high: there must be no possibility of continued employment and a social selection must be made. Otherwise, the termination is invalid and employees can take legal action against it – often with good prospects of receiving a higher severance payment.
Employers often make crucial mistakes in the case of redundancies for operational reasons, particularly when it comes to the so-called social selection. Social selection is usually based on a points system. Employees receive points for criteria such as length of service, age, children, and disabilities. Those with the fewest points would usually have to leave first. In addition, the employer must ensure that the employees have comparable skills, similar areas of activity, and the same hierarchical levels.
Most redundancies for operational reasons are invalid because formal errors have been made. It is usually worthwhile to take action against a redundancy for operational reasons. Having a lawyer at your side improves your negotiating position, particularly with regard to the following points:
Severance pay
Many employees mistakenly assume that they are entitled to severance pay. This is not the case. Rather, severance pay is negotiated. An experienced lawyer can influence the amount of the severance payment in favor of the employee.
Leave of absence
Paid leave of absence is also an attractive option for dismissed employees. This usually gives you enough time to apply for new jobs while avoiding a suspension of unemployment benefits.
Impeccable job reference
A job reference should be formulated in a favorable manner. But what does that mean? What does it mean if, for example, the expression of regret is missing? Or how do you find hidden messages? Do periods of absence, such as parental leave, have to be mentioned in the reference? You do not have to accept negative assessments if they do not correspond to the facts.
Avoid a suspension of unemployment benefits
Employers like to present termination agreements. Termination agreements have numerous disadvantages. For example, they are accompanied by a three-month suspension of unemployment benefits. Therefore, do not sign a termination agreement and do not let yourself be pressured. We will support you and represent you against your employer in the labor court.
Your labor law experts in North Rhine-Westphalia
Your exceptional situation is our area of expertise. For many years, we have been advising and representing employees who have been dismissed. Thanks to our experience, we know every trick in the book and how to best protect your interests. Nevertheless, we do not offer “off-the-shelf” advice. At the outset, we discuss your personal goals in detail, which then guide our work. As a rule, this can be:
Saving your job so that you can continue to work at the company, or receiving the highest possible severance payment. This also means that you will have to give up your job.
In the case of a change of contract, it is also possible that you will continue to work under worse conditions.
We will advise you on whether and how we can achieve your goal together.
In many cases, we then file an action for unfair dismissal on your behalf. If you are aiming for severance pay, it is often possible to reach an attractive agreement with your employer during the first conciliation hearing. You can rely on our strong negotiating skills. If, on the other hand, you want to keep your job, we will see the proceedings through to the end. Of course, we will keep you informed of our assessment of your chances of success.
We also take into account the numerous follow-up questions that arise from a dismissal. This concerns, for example, your continued employment during the proceedings, the payment of your remaining vacation time, and unemployment benefits.
A dismissal is stressful enough—we will relieve you of all legal matters. Please feel free to call us to arrange a consultation with our labor law attorneys.
Proven experts in labor law
Do you have a labor law issue? Or have you been dismissed? Our work focuses on advising and representing specialists and executives, as well as employees in management and expert positions. Our renowned law firm advises employees on all aspects of dismissal, severance pay, and termination agreements. We represent you in dismissal protection proceedings before all labor court instances.
In labor law, things usually have to move very quickly. We take care of your case. If you have received a termination, there is only a short deadline for responding, which must be strictly adhered to. We don’t let any time slip by. If necessary, there are only a few hours between the first consultation and the necessary action.
Call us right away and we will discuss your case together!
Termination agreement
Employers often prefer to offer a termination agreement rather than issuing a notice of termination. Believing that they are entering into a fair agreement, many employees willingly sign.
We advise against this! Termination agreements contain numerous risks that you should clarify. These may include, in particular:
The severance payment is often set significantly too low in the employer’s draft agreement. Keep in mind: Your employer usually needs your consent to legally terminate your employment. You should therefore make your consent dependent on receiving an appropriate severance payment. If you play too high, however, the employer may decide to terminate your employment after all.
In many cases, you may face a waiting period for unemployment benefits. You will then have to get by without benefits from the employment agency for 12 weeks. In other words, you will be leaving a lot of money on the table. We will advise you on whether and how you can avoid a waiting period.
Almost all termination agreements contain a settlement or compensation clause. In it, you waive all claims against your employer unless they are specified in the termination agreement. Our experience shows that many employees lose out on unused vacation time or overtime pay in this way. We can protect you from this.
We regularly review, negotiate, and draft termination agreements for our clients. We would be happy to advise you on the agreement your employer has presented to you.
Of course, we are also available to assist you if you would like to propose a termination agreement yourself. This can be particularly useful if you want to change companies at short notice.
The quickest way to reach us is by phone. Feel free to make an appointment for a consultation at short notice.
Negotiating severance pay
Many clients have decided to leave their job and would like to receive the highest possible severance pay. However, what most of them do not know is that they cannot demand severance pay per se.
Instead, you usually have to negotiate to persuade your employer to pay. Although employers occasionally offer severance pay on their own initiative or as part of a social plan, this is often set too low. Even then, it is worth negotiating.
You should now make it clear to your employer how much they depend on your cooperation. Unilateral termination is always risky for them. If you take legal action, they may have to rehire you and pay you back pay in extreme cases. With severance pay, on the other hand, they buy your “consent” to the dismissal. Therefore, the higher your chances of success in court, the more attractive the amounts your employer will be willing to pay.
Thanks to our many years of experience, we can explain to your employer in detail why they are dependent on your cooperation. We advise you behind the scenes on whether the subsequent offers are appropriate. Feel free to contact our labor law attorneys by phone.
By the way: Keep in mind that you have to pay tax on the severance payment. However, the so-called fifth rule reduces the tax burden somewhat. There are no social security contributions.
Employment reference
An employment reference should be formulated favorably. But what does this mean? What does it mean, for example, if the regret formula is missing? Or how do you find hidden messages? Do periods of absence, such as parental leave, have to be mentioned in the reference? You do not have to accept negative assessments if they do not correspond to the facts.
You are welcome to contact our employment law firm with your concerns about references. We will examine your legal options.
