Have you just been laid off? Then you're shocked at first, and you probably feel your livelihood is at risk. But don't let this discourage you! Many dismissed employees are protected by general statutory protection against dismissal. This is regulated by the Dismissal Protection Act (KSchG) regulated and applies to employees whose employment relationship has lasted longer than six months and who are not employed in small businesses. In addition, there is special protection against dismissal for groups of employees such as pregnant women, severely disabled persons and trainees. Termination of the employment relationship is only possible under certain conditions. If these conditions are not met, the Termination may be ineffective. Laws are complex and not immediately understandable for everyone, so you should always inform us about your termination have it checked!
We at Rogert & Ulbrich know what to consider!
As an employee, you have the opportunity to take legal action against any dismissal. Important It is important to note that a dismissal protection suit according to § 4 KSchG within 3 weeks from service of notice of termination must be filed with the relevant labor court. A wrongful termination lawsuit always seeks to maintain the employment relationship because the termination was invalid. However, the lawsuit is generally not intended to secure reinstatement or continued employment, but rather to enforce severance pay. To obtain the highest possible severance pay, you should seek advice from us. As a nationwide consumer protection law firm that has already successfully helped thousands of defrauded consumers obtain their rights in the diesel emissions scandal, we will fight for your rights in this matter as well.
What other advantages does an unfair dismissal claim bring?
Filing a wrongful termination lawsuit offers many advantages. Experience shows that employers' willingness to negotiate increases when employees file a lawsuit for reinstatement or continued employment ("unfair termination lawsuit").
One severance pay Obtaining compensation is now a matter of negotiation: By filing a wrongful termination lawsuit, you demonstrate that you are unwilling to accept your employer's dismissal. Employers are then more willing to negotiate during the first court hearing, the so-called "conciliation hearing." The conciliation hearing is designed, among other things, to resolve the legal dispute amicably and, if possible, to reach a settlement, which often takes the form of a severance payment.
More Advantages The benefits of a filed unfair dismissal claim could include vacation pay, overtime compensation, a good reference, or the prevention of a waiting period at the employment office, as well as time off work. Right at the beginning of the process, we will apply for a good interim reference for you so that you can apply for a job smoothly. Upon conclusion of the legal proceedings, you will also be entitled to a favorable, qualified final reference.
We at Rogert & Ulbrich know exactly what to look out for and fight for your rights!
Why you should act immediately!
Many dismissals fail to meet the required criteria. Furthermore, labor court jurisprudence is employee-friendly. Therefore, depending on the reason for dismissal, your chances of success are very good.
We create for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer. Take advantage of our free initial telephone consultation now and ask our specialized lawyers your questions.
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