Kündigungsschutzklage – Wehren Sie sich gegen Ihre Kündigung!

Marco Rogert — Tue, 15 Feb 2022 09:04:03 +0000

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.

FAQs – Frequently Asked Questions

What steps should affected individuals take immediately after receiving a termination notice?

After receiving a notice of termination, the employee should file a lawsuit within three weeks, otherwise important rights in the case will be lost.

What deadlines apply to unfair dismissal claims?

The notice period and the deadline for filing a lawsuit are crucial. If the employee misses these deadlines, they often lose their claim.

Is it possible to remain employed during the trial?

Yes, often there can be a right to continued employment as long as the employment relationship has not yet been legally terminated.

When is reinstatement an option?

Reinstatement or a right to reinstatement may become relevant if the employer creates new positions or the reason for dismissal ceases to exist.

Why is professional legal support advisable?

Our lawyers will review the content of the dismissal, any errors made by the employer, and all relevant information in order to develop an effective strategy.

What significance does the content of the termination notice have for the proceedings?

The content of the letter significantly influences whether the employment relationship has been effectively terminated or whether there are formal errors.

What are some typical mistakes employers make when making dismissals?

Many companies provide insufficient justification for termination, fail to comply with the written form requirement, or incorrectly determine the notice period – an advantage for the employee.

What documents and information should be gathered before filing a lawsuit?

All information relating to the case is important: contract, warnings, correspondence, performance reviews and data on the duration of the employment relationship.

Can an employee demand reinstatement if the company's situation changes?

Yes, there is a right to reinstatement if the circumstances change significantly after the dismissal – for example, due to new positions or errors by the employer.

How should you react if your digital access is revoked immediately after termination of your contract?

Technically unlocking internal access is not absolutely necessary. Even without system access, you as an employee can file a claim for unfair dismissal and fully exercise your employment law rights.

Der Beitrag Kündigungsschutzklage – Wehren Sie sich gegen Ihre Kündigung! erschien zuerst auf R&U.

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Kündigungsschutzklage – Wehren Sie sich gegen Ihre Kündigung!

Why you should act immediately!

FAQs – Frequently Asked Questions