A dismissal is always an enormous burden for a worker. Fear for the future may play a role here, but employees often perceive dismissal as personal injury and unwarranted. In fact, many dismissals in practice are unjustified or ineffective. What you have to do to prevent such unfair termination is explained in this post.
Put simply, termination may be unjustified or ineffective in two respects. Either the employer is not entitled to terminate the employee at all – for example, because there is simply no good reason to do so. On the other hand, while the employer may in principle terminate the employee, he has not complied with the prescribed legal procedure. In addition, it is essential to distinguish between ordinary and extraordinary dismissals, which differ fundamentally in terms of the period of notice and the reason for termination and have completely different requirements.
Important : In Germany, there are a number of legal regulations that must be observed when terminating an employment relationship – and the case law of the labor courts must always be kept in mind. Compared to many other countries, employee protection in Germany is quite pronounced. Due to the complexity of the matter, the involvement of a labor lawyer is in many cases useful and advisable.
Do you want to take action against a termination, you should not leave too much time. In most cases, an unfair dismissal suit will be the tool of choice. With this you can check before a labor court and clarify in court whether the notice given against you is justified or effective. However, the dismissal protection action must be brought within three weeks after receipt of the termination at the latest. If you let this period elapse, the termination is considered effective – even if the termination was actually unjustified or ineffective.
Important: Decisive for the passage of the deadline is the receipt of the notice – so, for example, the insertion of the letter in your mailbox. Actual knowledge is not what matters – many workers have already gambled here. Basically, the deadline also works when you are on vacation. Here can be saved with legal help under certain circumstances, however, the missed deadline.
Under no circumstances should you just accept a termination. Not even if the termination of the employment relationship is right for you. For a dismissal protection suit can not only be aimed at a further employment, also with regard to a possible severance pay arise from this often financially attractive opportunities for negotiation. In addition to a dismissal protection suit, out-of-court negotiations in the sense of an amicable settlement are also appropriate in appropriate cases – here, too, a legal representation and advice should not be waived. In addition, you should always contact the responsible Employment Agency and, after consultation, if necessary, seek job-seeking in order to avoid eventual later blocking periods or a reduction in entitlement. If a works council is available, it can also provide valuable information on a regular basis.
Important : Even if the termination is still so annoying, it is important to first of all to keep a cool head. Emotional statements and actions are often irreversible and can have devastating consequences. Also, keep in mind that you may need to work with your employer for weeks or months. Also with regard to a reasonable compensation a certain peace is always a good advisor.
A blanket statement about the chances of success of the action against a termination would be dubious – because always decisive are the concrete circumstances of each individual case. On the one hand, however, it can be stated that many dismissals made in practice are actually unjustified. On the other hand, the involvement of a lawyer – especially in financial terms – almost always paid. The longer you work in a business, and the more employees the business has, the better the chances of taking action against dismissal.