Your attorney against unfair dismissal
I will help you if you have been dismissed by your employer.
Welcome to your expert for wrongful dismissal claims.
Welcome to our website!
Have you received a dismissal notice and are urgently seeking a lawyer to stand by your side? In such a situation, it is crucial to act quickly and get sound legal advice. Our law firm specializes in employment protection and will help you defend your rights. We understand how stressful this time can be, and we are here to support you with advice and action.
Whether it's challenging the dismissal or negotiating a severance package – we are here for you. Let us plan the best course of action for your situation together. The sooner you act, the better your chances.
Contact us today so we can discuss your options!
Employment protection claims in Duisburg, Essen, the greater Düsseldorf and Cologne area.
Bitte beachten Sie, dass wir uns wegen der zwingend erforderlichen Anwesenheit vor den Arbeitsgerichten auf einen bestimmten Radius der Tätigkeit beschränken müssen - auch um die Kosten des Verfahrens, die Sie in jedem Falle selbst tragen müssen, überschaubar zu halten.
Duisburg
Greater Düsseldorf area
Essen
Greater Cologne Area
And new: also in Berlin.
We have now created the conditions to represent you in Berlin.
How does an employment protection lawsuit proceed?
The employment protection procedure
The process of an employment protection procedure follows strict legal regulations. Here is an overview of the typical steps:
The process of an employment protection lawsuit follows strict legal regulations. Here is an overview of the typical steps:
1. **Filing the lawsuit**
The employee must file the employment protection lawsuit within three weeks of receiving the dismissal notice with the competent labor court (§ 4 KSchG). The goal of the lawsuit is to declare the dismissal invalid and to continue the employment relationship.
2. **Serving the lawsuit to the employer**
After the lawsuit is filed with the labor court, it is served to the employer. The employer is given a deadline to respond and present their position.
3. **Conciliation hearing**
The first court date is usually a "conciliation hearing." In this hearing, the judge tries to reach an amicable settlement between the parties, often in the form of a compromise. A settlement could include the payment of severance or the withdrawal of the dismissal in exchange for an agreed termination of the employment relationship.
- **Advantage of a settlement**: The parties avoid a lengthy process, and both sides benefit from a quick resolution.
4. **Main hearing**
If no agreement is reached in the conciliation hearing, the **main hearing** follows. In this hearing, evidence is taken and witnesses are heard. Both sides present their arguments, and the court examines the legality of the dismissal, such as whether a proper social selection was made or whether the dismissal was based on operational, conduct-related, or personal reasons.
5. **Judgment**
After the main hearing, the court issues a judgment that either declares the dismissal valid or invalid. If the dismissal is declared invalid, the employment relationship continues, and the employee can return to work. Alternatively, the court may award severance if continued employment is deemed unreasonable.
6. **Appeal**
If either party is dissatisfied with the judgment, they can file an **appeal** with the regional labor court within one month. After that, there is the possibility of further appeal before the Federal Labor Court, but only under certain legal conditions.
**Summary of the typical procedural steps**:
1. Filing the lawsuit with the labor court.
2. Serving the lawsuit to the employer.
3. Conciliation hearing – attempt at a settlement.
4. Main hearing – presentation of evidence and arguments.
5. Judgment.
6. Appeal and possibly further appeal.
An employment protection lawsuit can take several months, depending on the complexity of the case and the willingness of the parties to reach a settlement. However, attempts are often made to settle the case during the first hearing.
Please note that, in the interest of cost-efficiency for both you and us, we can only accept cases if your gross monthly salary is at least €2,500.
The attorney's fees in an employment protection lawsuit in Germany are based on the **Lawyer's Remuneration Act (RVG)** and the **disputed amount** of the case. Here are the main cost factors:
1. **Disputed amount**:
The disputed amount in an employment protection lawsuit is usually set at **three times the employee's gross monthly salary** (§ 42 (4) of the Court Fees Act, GKG). This amount serves as the basis for calculating the lawyer’s and court fees.
2. **Procedure fee**:
The procedure fee covers the out-of-court representation and filing of the lawsuit. Depending on the disputed amount, the fee varies. For example, with a disputed amount of 9,000 euros (for a monthly salary of 3,000 euros), the procedure fee would be approximately 725 euros (1.3 fee rate).
3. **Hearing fee**:
This fee is charged for attending the conciliation hearing or main hearing before the court. Typically, it amounts to around 700 euros (1.2 fee rate) for a disputed amount of 9,000 euros.
4. **Settlement fee**:
If the parties reach a settlement (e.g., through a compromise), a settlement fee is incurred. This fee is around 650 euros (1.0 fee rate) for a disputed amount of 9,000 euros.
5. **Additional costs**:
In addition to the attorney’s fees, there may be **court costs** and expenses for copies or travel costs. If the employee has **legal expenses insurance**, it often covers the attorney and court fees.
**Cost distribution in the first instance**:
In the first instance before the labor court, each party bears their own attorney's fees, regardless of the outcome. Court costs usually only apply if there is a settlement or
When can a dismissal be unlawful?
Here are some examples of when a dismissal can be unlawful and declared invalid by the court:
Redundancy dismissal (dismissal for operational reasons)
A redundancy dismissal occurs when the employer cites economic, technical, or organizational reasons that make staff reductions necessary. Such a dismissal can often be contested if the social selection was flawed or if other alternative employment options were not considered.
Dismissal with special protection against termination
Certain groups of employees, such as pregnant women, works council members, or severely disabled individuals, enjoy special protection against dismissal. A dismissal can only occur under strict conditions. If this protection is disregarded, the dismissal can be contested.
Dismissal for conduct-related reasons
Dismissals for conduct-related reasons are based on employee misconduct so serious that the employer wishes to terminate the employment relationship. For a dismissal to be effective, it usually requires that one or more warnings have been issued beforehand. Without a prior warning, a conduct-related dismissal can often be contested.
Dismissal for personal reasons
A dismissal for personal reasons relates to factors inherent to the employee, such as health issues that make it impossible for them to perform their duties. However, it is often possible to contest such a dismissal if the employer has not considered other measures, such as a transfer to a different role.
What do we need to know from you and why?
Crucial information for the success of the employment protection lawsuit:
In an employment protection lawsuit, several important points must be considered. Therefore, you must provide us with the following information:
1. **Dismissal letter**: The original or a copy of the dismissal letter is essential to verify the timing and assess the formal requirements of the dismissal. The date of receipt of the dismissal is particularly important.
2. **Employment contract**: The employment contract provides details about the specific conditions of the employment relationship, including agreed termination notice periods, any special agreements, and provisions for severance pay or protection against dismissal.
3. **Duration of employment and company size**: Information about how long the client has been with the company and the number of employees is crucial in determining whether the Employment Protection Act (KSchG) applies.
4. **Reasons for dismissal**: The client should indicate whether they were given reasons for the dismissal (operational, conduct-related, or personal) and whether these seem justified. Any previous warnings should also be communicated and submitted.
5. **Social data**: Information such as age, length of service, dependents, and any disabilities play a key role in social selection in cases of redundancy dismissals.
6. **Special protection against dismissal**: The client should inform whether they are entitled to special protection against dismissal, for example, as a member of the works council, if they are disabled, or during pregnancy or parental leave.
7. **Legal protection insurance**: Information about legal protection insurance is helpful to clarify whether the costs of the case will be covered.
Comprehensive documentation and clear communication are critical to accurately assess the chances of success and take the appropriate steps.
Please make sure to use the questionnaire linked here.
Once the questionnaire is filled out and the power of attorney is signed, we will begin working on your case, and you will receive further information.
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