unfair dismissal claim
within 24 hours
You have been terminated and you would like take action against it?
Many dismissed employees are entitled to general statutory protection against dismissal. This protection is regulated by the Dismissal Protection Act (KSchG).
Termination of the employment relationship is only possible under certain conditions. If these conditions are not met, the termination may be ineffective.
Therefore, please contact immediately after you have received notice of termination, so that we can discuss all the details with you and on time We can file a wrongful termination suit for you. We work for you nationwide.
DANGER: From the date of receipt of the notice of termination, you have the right § 4 KSchG only 3 weeks Time to file the lawsuit. So don't waste any time.
File a claim for unfair dismissal now
We will prepare a draft lawsuit and an out-of-court dismissal letter to your employer within 24 hours.
In just 3 steps to a wrongful termination suit
Simple, convenient & fast
Test
Fill out our online form so that our lawyers can review your case individually.
1Advice
The R&U legal team is available to answer your questions and provide you with comprehensive advice on the best course of action.
2commissioning
You decide whether you want to entrust us with your mandate and whether we want to represent your interests.
3The all-round carefree package
Send us all the necessary documents (employment contract, any amendments to the employment contract, notice of termination, pay slip) and we will analyze your case individually and assess your chances of success in a wrongful dismissal claim.
Take advantage of our initial telephone consultation for just €99 plus VAT (nationwide) and get an overview of your options. This way, you can be sure to get the most out of your project and avoid mistakes.
Do you have legal expenses insurance for employment law? Then your legal expenses insurance will cover the costs. We will contact your insurance company and handle all the formalities for you. You can relax while we initiate all the necessary steps. Benefit from our experience.
Within 24 hours, we will prepare both a draft lawsuit and an out-of-court dismissal letter to your employer.
Don't waste any time, because you only have 3 weeks (21 days) to take legal action against the dismissal and defend your rights as an employee.
We take care of your case – quickly & with commitment.
What you need to take care of after your termination
Nowadays, more and more employees are affected by dismissals, but many do not know what rights they are entitled to after being dismissed.
Important: You should register within 3 days Register as unemployed with the employment office. Otherwise, you face a waiting period.
We advise against signing a termination agreement. This would result in a waiting period at the employment office.
You should also have the termination reviewed for validity. Our R&U lawyers will take care of this for you.
It's best to submit applications before the notice period expires, as the employer must release the terminated employee for interviews.
For direct inquiries
to the employment office:
0800 4 5555 00
Register as unemployed at:
https://bit.ly/3Fg6gwE
severance pay calculator
your legal severance pay claim according to Section 1a KSchG You can calculate this here. This can also serve as a guide for a possible severance payment in the context of the dismissal protection process.
Costs and prospects of success of dismissal protection proceedings
What costs will you incur?
During our initial consultation for only €99 plus VAT (nationwide), you will gain clarity about your options, run through various scenarios, and receive a tailor-made solution for your case.
If you have appropriate legal expenses insurance (RSV), these costs will be covered. If you have agreed to a deductible with your RSV, you only pay that. We handle all the formalities for you. All we need is the name of your legal expenses insurance and your insurance number. You can sit back and relax while we initiate all the necessary steps for you.
During the initial consultation, we provide self-payers with transparent information about the additional costs involved in filing a wrongful termination suit.
What are the chances of success?
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.
In principle, a wrongful termination suit is aimed at continued employment/re-employment. However, there is often the possibility of reaching a settlement and thereby possibly severance pay to obtain.
Dismissal protection suit: entitlement to legal aid?
If you do not have the financial means to file a dismissal protection procedure, you can Apply for legal aid (PKH).
legal aid – Application
Legal aid is usually granted in accordance with Section 114 of the Code of Civil Procedure granted. To apply for legal aid, you must complete a declaration of personal and financial circumstances and attach all relevant documents. You can then send these to us. We will then take care of the application in court.
Once legal aid is granted, the costs are billed directly to the state treasury. You will either be reimbursed in full or (partially) in installments.
Advantages of a wrongful dismissal claim
- potential severance pay
- Vacation compensation
- Overtime compensation
- good employment reference
- no blocking time at the employment office
- exemption
- Continued employment / re-employment
Let us advise you now
Experience shows that the employer's willingness to negotiate increases when the employee files a lawsuit for reinstatement/continued employment.
Take advantage of the initial telephone consultation from the comfort of your own home and ask our experienced lawyers your questions.
Did your employer give you proper notice of termination?
For a proper termination, it is important to observe the statutory notice periods according to § 622 German Civil Code to comply with.
In principle, the statutory notice period is four weeks, effective on the 15th of a month or at the end of the month. However, depending on the length of service, this period may be extended by the employer. (§ 622 para. 2 BGB).
During the probationary period, which may not exceed 6 months, a notice period of 2 weeks applies (Section 622 (3) of the German Civil Code).
We will be happy to check for you whether your employer complied with all legal requirements when terminating your employment.
Seize your opportunity!
Check notice period
How is the notice period calculated?
The general statutory notice period is in § 622 German Civil Code After that, the employment relationship can be terminated with a notice period of four weeks, effective as of the 15th of a month or at the end of the month. After that, the notice period has expired, and you can only be terminated at the next termination date.
If you receive the notice of termination on the 15th of a month, the notice period for termination is met by the 15th of the following month. If you receive the notice of termination at the end of the month, the notice period for termination is met by the end of the following month.
What deadline applies to you?
To do this, you must first determine the time limit that applies to your specific termination case.
The statutory provision under Section 622 of the German Civil Code (BGB) does not apply if a different provision is stipulated in the employment contract or if a special statutory provision applies (e.g. in the case of severely disabled employees).
Danger:
There are exceptions to the 4-week period! According to Section 622 Paragraph 2 of the German Civil Code (BGB), the notice period is staggered according to length of service. For termination by the employer, the notice period is at the end of a calendar month if the employment relationship continues in the business or company.
- 2 years, 1 month,
- 5 years, 2 months,
- 8 years, 3 months,
- 10 years, 4 months,
- 12 years, 5 months,
- 15 years, 6 months,
- 20 years, 7 months.
Have you received notice of termination without notice?
You must pay attention to the following points
When is a termination without notice effective?
A termination without notice is only effective if the relationship of trust between employee and employer has been damaged so seriously that, according to § 626 BGB a continuation of the employment relationship until the expiry of the notice period or until the agreed termination of the employment relationship cannot be reasonably expected.
Call us – we will advise you
+49 (0)211 / 819770
Reasons for termination without notice
- data protection violation
- Sexual harassment/coercion
- working time fraud
- theft
- vacation without permission
- Unexcused absence
- Forgery of documents
- threat of violence
- insult
- bullying
Get competent and professional advice now!
Let us examine your case individually now and objectively assess your chances of success.
So that our experts can analyze your case and provide you with competent advice over the phone, we ask you to answer the following questions. Find out what options are available to you and what the best course of action is. Don't worry - we are here to help you.
Benefit from our comprehensive initial telephone consultation, conveniently from home, for only € 99,- plus VAT and avoid mistakes.
If you have appropriate legal expenses insurance (RSV), it will cover the costs. You only have to pay the deductible, if you have agreed to one with your RSV. We only need the name of your legal expenses insurance and your insurance number. You don't have to do anything else; we'll take care of all the formalities and the cost coverage.
The all-round carefree package
Take advantage of our initial telephone consultation and ask our professional team of R&U lawyers your questions.
You can sit back and relax while we take all the necessary steps.
Special protection against dismissal for specific groups of employees
Special protection against dismissal for pregnant women and mothers
After Section 17 of the Maternity Protection Act (MuSchG) Pregnant women or mothers who have given birth less than four months ago cannot be dismissed.
Special protection against dismissal during parental leave In Section 18 of the Federal Parental Allowance and Parental Leave Act (BEEG) It is regulated that people who are on parental leave may not be dismissed.
Special protection against dismissal for severely disabled employees Likewise, severely disabled people are given special protection against dismissal by the legislature, § 168 and Section 169 of the Social Code IX (SGB IX)Termination requires the approval of the Integration Office. The notice period is four weeks.
Special protection against dismissal for trainees
A training relationship can be concluded in accordance with Section 22 of the Vocational Training Act (BBiG) After the end of the probationary period, termination may only be made for good cause without observing a period of notice.
Special protection against dismissal for the works council According to Section 15 of the Consumer Protection Act Works council members and members of the youth and trainee representatives also enjoy special protection against dismissal.
Special protection against dismissal in the event of an acute care situation Employees who, due to an acute care situation, are Section 2 of the Care Leave Act (PflegeZG) are temporarily exempt from work or after § 3 Nursing Care Act Those taking care leave are also protected from dismissal.
How does a dismissal protection process work?
First, we will create a unfair dismissal claimThis is filed with the court and served on the defendant. This is followed by a so-called Conciliation hearingThe aim of such negotiations is to achieve an amicable agreement between the two parties. For example, a Comparison be concluded in which a severance pay is agreed upon. It can be agreed that the termination of the employment relationship will be legally effective, but that the employee will receive severance pay for the loss of his or her job in return.
If the parties do not reach an agreement within the conciliation hearing, the so-called Chamber hearingThe chamber consists of the presiding professional judge and two lay judges. The lay judges are expected to contribute their practical experience from both the employee and employer perspectives to the decision-making process. Here, too, efforts are being made to resolve the dispute amicably.
If this is not successful, witnesses may be questioned, experts heard, or documents and other materials examined. The process will then be concluded by a Verdict finished.
Anwalt.org provides further helpful tips:
“Legal protection against dismissal in Germany:
What are the requirements?”
Professional advice & support
We offer you professional and comprehensive initial advice in the area of traffic law. Take your chance and avoid mistakes.
Further interesting information on the subject of labor law:
Questions & Guide to Dismissal Protection Claims
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