Action for protection against dismissal – lawyer in Schweinfurt

Have you had your employment terminated? Then haste is required. Because you only have a short time if you want to defend yourself against this.

Our law firm Grüne & Kollegen is your regional contact in Schweinfurt and the surrounding area when it comes to your protection against dismissal. On our website you can find out the first basic information about actions for protection against dismissal. For a comprehensive and individual consultation, we look forward to hearing from you.

We check the legality of your termination. Contact us now!

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Lawyer for protection against dismissal in Schweinfurt – RA Sören Stüber

Action for protection against dismissal in labor law

From the employee’s point of view, an action for protection against dismissal is an effective and important instrument in employment law to oppose unlawful termination of the employee. Moreover, protection against dismissal in Germany is very employee-friendly. We have summarized the most important information for you:

Prerequisite for an action for protection against dismissal

In order for the Dismissal Protection Act (KSchG) to apply to an employee, the following requirements must be met:

  • Employment of at least 10 employees in the company.
  • The plaintiff is actually employed as a worker in the company.
  • The employment relationship lasted at least 6 months.

In addition, the three-week period must be observed. Only within this period is it possible to file an action within the time limit. If the three weeks have elapsed after receipt of the notice of termination, the termination is legally valid in any case.

Procedure of an action for protection against dismissal

If you have received a notice of termination and have instructed our law firm to review and, if necessary, file a lawsuit, the procedure is usually as follows:

Examination of the likelihood of success of the action

After an initial discussion and the submission of the written notice of termination, we examine the facts and the legal situation. We will then discuss the prospects for success and the possibilities with you.

Bringing an action before the labor court

If the legal protection against dismissal is given, if it is possible to file a lawsuit in due time and if the lawsuit against dismissal also has a chance of success, we will file a lawsuit for you with the competent labor court in due form and time.

The competent court is the labor court at the place of residence of the defendant employer, the company’s registered office or place of business, and the place of performance of the work. If you work in a company in Schweinfurt, the labor court in Schweinfurt is also responsible.

In principle, there is no requirement to be represented by a lawyer when bringing an action for protection against dismissal in the first instance. Nevertheless, we strongly recommend that you seek competent legal counsel in employment law. Numerous formal hurdles and the conduct of the labor law process with motions and pleadings can quickly overwhelm a layperson and jeopardize the project.

Conciliation hearing at the labor court

First, an amicable settlement is sought at a conciliation hearing. An experienced employment law attorney can often achieve a good result for his client during the employment law conciliation hearing – such as a lucrative severance package. If we take over your representation, we will of course discuss the goal with you in advance.

As a rule, a conciliation hearing is held within two weeks of the filing of the lawsuit. If a mutually agreeable solution fails, a chamber meeting will be convened.

Chamber date for action for protection against dismissal

It may well be several months before this appointment takes place. At the chamber hearing, the labor law case is heard before one professional judge and two honorary judges. Both sides are heard and a decision is then made.

Appeal and revision in the event of an action for unfair dismissal

If you do not agree with the verdict from the chamber hearing, an appeal can be filed within one month after the verdict has been delivered. An appeal hearing takes place before the respective regional labor court (e.g. LAG Munich). Here, the representation of a lawyer is mandatory and also useful.

The Federal Labor Court (Bundesarbeitsgericht, BAG) is the highest authority in labor law disputes. A judgment from the appellate court may be appealed. If the appeal is admitted, the appeal hearing will take place before the BAG.

Objectives of an action for protection against dismissal

The purpose of an action for protection against dismissal is to determine whether an employee has been unlawfully dismissed. The preservation of the employment relationship is therefore the actual goal of an action for protection against dismissal. Nevertheless, taking action against a termination can have far different goals.

Often, a lawsuit seeks a settlement. A widespread misconception is that the entitlement to severance pay is fundamentally regulated in employment law. Such an entitlement exists only on the basis of an individual or collective agreement. In many cases, a lucrative severance payment can be negotiated for the dismissed employee by bringing an action for protection against dismissal.

Other goals include the issuance of a good reference or a leave of absence.

When can a termination be invalid?

A termination may be unlawful and thus invalid for various reasons. We will be happy to examine your individual case. However, here we would like to give a few reasons why a termination may be invalid:

  • The termination contains formal errors (e.g. oral termination).
  • The ordinary period for termination was not observed.
  • The company was dismissed for operational reasons without prior social selection.
  • A termination for behavioral reasons took place without prior warnings.
  • Special protection against dismissal (e.g. works councils, pregnant women or people with disabilities) was not observed.

Costs of an action for unfair dismissal

Regardless of the outcome, in the first instance the attorney’s fees must be borne by each party. In the event of a settlement, the court costs are waived entirely. If no agreement is reached, the court costs must be paid by the losing party.

No advance on court costs is applicable before a labor court. The amount in dispute in an action for protection against dismissal is generally three months’ gross salary for the plaintiff. However, this amount in dispute may be increased by motions to file suit.

It is also possible for costs to be covered by legal expenses insurance. To do this, you need to check your insurance policy to see if employment disputes are included. In addition, legal aid may be available in the event of an action for protection against dismissal.

We will be happy to discuss the question of costs for your action against unfair dismissal in detail during an initial consultation or to check whether your legal expenses insurance will cover the costs.

Lawyer for legal action against dismissal in Schweinfurt

Attorney Sören Stüber advises and represents you in actions for protection against dismissal. RA Stüber from Schweinfurt already proved his professional competence in a passed specialist lawyer course for labor law as well as in numerous representations also in the protection against dismissal law.

Strategic and pragmatic representation is important in civil litigation involving employment law. The task of our law firm is to achieve the goal you are striving for as quickly as possible. The best way to do this is not always through a labor court ruling. Often the best results are achieved precisely on the basis of a negotiation with the other party.

Contact the law firm

Call us:

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Grüne & Partner
Rechtsanwälte mbB
Friedhofstraße 11
97421 Schweinfurt

Business hours
Monday to Thursday:
08:00 – 17:00
Friday:
08:00 – 14:00

Parking facilities

Parking directly opposite | office is within walking distance from the market square