We explain what is important in the event of a termination by the employer and how you should react to it. Most importantly, you should adhere to the correct order and deadlines.
If your employment exists for more than 6 months and the Employer employs more than 10 people, then you can not "for no reason" be terminated. A termination would only be effective if it is behavior-related, personal or - as is often the case - operational. Such a Grund does not have to be specified by the employer in the notice of termination, but if you object to the termination in court, then your employer must put the cards on the table and explain the reason for termination in detail. In particular, it is not sufficient for an “operational dismissal” if your employer succinctly claims that there is a slump in orders or that he simply has no work for you.
In this respect, it should also be noted that it is not uncommon for the operational reason to be invalidated in the process in the event of operational dismissal. Employment law attorney Michael Gabler advises affected employees to find out at an early stage whether the employer has advertised vacancies. You may have to be offered these before you are terminated. Furthermore, in the event of an operational dismissal, a legal check would also have to be made as to whether the employer made an error-free social selection. In particular, the length of service, age, maintenance obligations and severe disabilities play a role. In principle, in the event of a business-related dismissal, the employee who is socially least in need of protection must always be dismissed first, i.e. young, newly hired employees without maintenance obligations.
Also always check whether the correct notice period was observed.
They have only 3 weeks from receipt of the cancellationto legally attack the termination. If no action (so-called dismissal protection action) is brought within three weeks, the termination will take effect. You can then no longer plead that the termination is ineffective for any reason. It is therefore more than annoying if a badly justified dismissal by the employer is not challenged in court. In this case, you also have no chance of a severance payment (see step 3).
After the lawsuit has been filed with the labor court, you can negotiate severance pay with your employer. You can practically your legal Sell dismissal protection against a severance payment, that is, your employer pays you money to accept the termination that may be invalid. The amount of the severance payment is freely negotiable. As a rule of thumb, half a month's salary per year of employment is often used. Often, however, there are deviations from this both upwards and downwards, depending on which party in the process has the greater risks. While the severance payment poker is running, you should make it clear to the employer by being confident that you will not be impressed by the termination and that you want to continue doing your job, if necessary until you retire. The employer may then increase their severance offer to get rid of you faster.
Regardless of any legal proceedings at the labor court, it is necessary to within 3 days at the employment agency to register as jobseeker or unemployed. If the deadline is missed, there is a risk of a blocking period for unemployment benefits.
Have you received notice from your employer? Contact a lawyer / specialist lawyer for labor law as soon as possible. There are numerous pitfalls in labor law, which is why in case of doubt it is always advisable to contact a lawyer specializing in labor law or a specialist lawyer specializing in labor law. Attorney Michael Gabler is at your disposal at our offices in Regensburg, Landshut, Munich and Erfurt at any time with advice and action.