Most dismissals violate the Dismissal Protection Act. In order to obtain a severance payment, however, important instructions must be followed, otherwise the employer could prevail.
Stay calm and level headed
Even if you are angry and disappointed and your world is falling apart, stay calm and don’t let the emotions get the better of you. You probably won’t be able to change anything about the decision in the termination interview anyway.
Don’t gossip and do harm
Don’t gossip about your old employer after you’ve been fired, it puts you in a bad light. Perhaps you will be dependent on your former colleagues or employers in the future.
“Do not reveal any trade secrets or company internals, you must not divulge them even after the end of the employment relationship,” advises lawyer Christian Lange from Hanover. This could be used against you in a dismissal protection procedure!
Report reasons for special protection against dismissal
If you enjoy special protection against dismissal for reasons that are unknown to the employer, report them immediately!
– If you are pregnant, for example, you should inform the employer within two weeks.
– If you are severely disabled, you can inform the employer of this within three weeks of receiving the notice of termination, but only if you have already submitted the application for recognition of your severe disability before you were dismissed.
Always ask for an interim certificate
“If you have received an effective notice of termination or are still checking the effectiveness of the termination, request an interim certificate immediately,” says Lange. This is binding for the final job reference. “You can also use the interim certificate for new applications before the notice period has expired.”
Clarify entitlements to remaining leave
If you still have vacation time left, you may be able to take it at the end of the notice period so that you no longer have to appear at work earlier.
“But make sure that the vacation is approved by the employer in this case, too,” says Lange.
Unauthorized no-shows may result in immediate termination. If you are not granted leave, the employer must pay it out. Or you negotiate a transfer of vacation time to the new employer.
Also read:
– Termination: severance pay after inaccurate social selection
Report as unemployed immediately
“No later than three days after termination, you must register as a job seeker with the Employment Agency by telephone or online to avoid blackout periods for entitlement to social security assistance.” If you were given notice, you can also apply for unemployment benefit (ALG I) if you were employed for twelve months prior to the notice.
Have the termination agreement checked
“First of all, don’t sign anything! Let the emotions sink and examine the circumstances before entering into final agreements that cannot be easily changed,” the lawyer warns.
Keep in mind that a severance agreement can result in a 12-week ban on unemployment benefits because you have legally caused the unemployment yourself. Also, make sure you get reasonable compensation if you sign a termination agreement.
There are various factors that can be used to calculate a severance payment. And filing one increases your chances of getting a good settlement.
Obtain an action for protection against dismissal and severance pay
The chances of a successful dismissal protection lawsuit are often very good. Many employers make mistakes when pronouncing a notice of termination, making the notice of termination ineffective. Have a lawyer.
