Dismissal protection suit:
Protection against unjustified dismissals
Dismissal Protection Action – Your Way to Defend Against Unjustified Dismissals
Are you facing dismissal or have you already been fired? Have you been dismissed under misleading circumstances, or are the reasons given by the employer unjustified? Dismissal can feel unfair, and often they are not legally viable. Therefore, your chances of successfully challenging dismissal as an employee are significant.
We understand how stressful such a situation can be, after all, your income depends on your employment. Receiving a letter of termination can quickly lead to financial and social challenges. Therefore, it is crucial to seek professional advice. As specialist employment lawyers, we know the strategies that employees can use to defend themselves against termination. But act quickly, because employment law requires a short deadline of just two weeks to file a wrongful termination claim.
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.
In just 3 steps easy, convenient & fast Termination contest
Test
We will check whether the termination is contestable.
1Advice
We objectively assess your chances of successfully rejecting the termination.
2commissioning
You decide whether we should take action in your case and represent your interests.
3How to defend yourself successfully
In order to effectively represent you in a wrongful termination lawsuit, you should consider the following points:
- limitation period
Submit your claim within three weeks. If you miss this deadline, the termination is considered effective. - employment agency
Immediately register as a job seeker with the employment office, regardless of whether you file a complaint or not. If you miss the deadline, you will lose your entitlement to unemployment benefit I. - proof of disability or pregnancy
If you have any, submit proof of disability or pregnancy if you have not already done so during your employment. However, you must still file a lawsuit against a termination that has already been pronounced. - works council (if available)
Try to talk to the works council. The employer must present the reasons for termination and listen to them. If the works council objects to your termination, this improves your chances of success.
- documentation of your working conditions
Make as detailed a note of your working conditions as possible. Be careful when making agreements with your employer: pay particular attention to termination agreements, promises to withdraw the notice of termination and employment contracts during the process.- Termination agreements may include severance pay, but often result in a suspension of unemployment benefit I for a certain period of time.
- Promises to withdraw notice of termination are only valid in writing; verbal promises are often used to persuade employees to comply with the notice period.
- If you unreasonably refuse an offer of employment during the trial, you will lose your right to back pay if your unfair dismissal claim is successful.
labor court
Their aim is to restore the employment relationship; however, the proceedings often end with a severance payment. The process is led by a full-time judge. If no agreement is reached, a chamber hearing takes place with a judge and two lay judges (representatives of the employer and employee sides).
Call us – We are happy to advise you:
+49 (0)211 / 819770
How we support you
If you are dismissed, we will be at your side to help you make the best of the situation. With our many years of practical experience, we advise and represent you throughout the entire dismissal protection process - from receiving the letter of dismissal to the hearing before the employment court. It is crucial to clarify the background to the dismissal in detail. Depending on the prospects of success, it may make sense to insist on continuing your employment or to negotiate a severance payment. Our goal is to find an amicable solution that does justice to your rights and claims.
As your lawyer, we will handle all correspondence with your employer, the works council, the labor court and the relevant authorities to relieve you of as much stress as possible during this difficult time. We will be happy to clarify the legal and court costs as well as your possible claims against the employer in advance so that you know what to expect.
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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.
Further interesting information on the subject of labor law:
Questions & Guide to Dismissal Protection Claims
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