Termination of employment – how do you fight back?

Suddenly and unexpectedly it comes, the dismissal from the employer! Surprisingly, you are left with nothing and don’t know how to proceed. In such cases, however, those affected should not “Head in the sand” stuck, but hire a lawyer to review the termination.

Time factor

An appointment with a lawyer should be made immediately after receiving the notice of termination. The termination must be challenged within 3 weeks, otherwise it will be declared effective. After these 3 weeks, it is almost impossible to take action against the termination. The lawyer must therefore examine the facts and then bring a dismissal protection suit before the competent labor court.

As part of the dismissal protection lawsuit, all arguments that lead to the ineffectiveness of the termination are raised and dealt with. Due to the urgency in labor law proceedings, the labor courts are required to set a first date for the “quality negotiation” immediately after the complaint has been filed. As a rule, the validity of the termination is not negotiated during this appointment, but rather the court checks whether an amicable agreement is possible between the parties.

In the context of labor law disputes, the willingness to reach an agreement is known to be very high. The employer is usually not interested in taking the terminated employee back into employment. The employee usually has no interest in continuing the employment relationship, but monetary losses that are to be compensated by payments.

severance pay

The issue of severance pay is not an easy one, especially because the calculation always depends on the individual case. The lawyer can use the key data you have provided to calculate how high your compensation claim is. If the expected severance payment is higher than the expected legal costs, then legal proceedings are usually worthwhile.

A rule of thumb states that the “Gross salary x 0.5 x the years in the company “ is taken and thus the severance payment is calculated. In the context of a comparison, the respective prospect of success of the process must also be taken into account in the amount of the severance payment.

costs

If there is no legal protection insurance for labor law, the employee has to pay the costs of his legal prosecution. In labor law, the principle applies that each party pays the costs of their own prosecution. Should a judgment be reached in the course of the process, the loser would also have to pay the court costs.

The lawyer’s remuneration law (RVG) specifies the amount of lawyer fees. The court costs are calculated according to the court costs law (GKG). The value in dispute of the legal dispute is decisive. The amount in dispute may vary depending on the scope (ineffectiveness of termination, certificate, vacation compensation, etc.) of the action. It also depends on the gross salary of the employee.

Your lawyer will inform you about the costs.

–