Fachanwalt für Arbeitsrecht Fritz Maier - Beratung
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Consulting

Dismissal – What Remains to be Done?

A dismissal by an employer has serious consequences for the employee’s professional and private life. Often this is a matter of economic livelihood.

Being well versed in employment law, and in particular within the field of employment protection legislation, I stand up for you and protect against unfair and unfounded dismissals. Have the formal requirements and deadlines been met? Is there any extra protection against dismissal due to pregnancy or disability? Has the works council been heard? Is the warning letter effective? Have the social criteria been met?

In cases of dismissal, please contact me as soon as possible. From receipt of the notice of termination you have only three weeks to decide if you wish to take your case to the Labour Court. I will advise you according to your wishes, i.e. in order to keep your job or to leave the employer quickly, receiving an adequate severance payment. I will also take care of your working certificate, ensuring that it does not contain any hidden negative information, but describes your performance in a satisfactory way in order to help you find a new job. Furthermore, I make sure that you receive the statutory unemployment benefit without losing out financially.

In cases where the invalidity of a notice of termination is not asserted within a period of three weeks following receipt of the notice of termination by means of legal action before the labour court, the notice of termination can only be contested as an exception.
When your employment is threatened you need fast legal support by an employment lawyer:
How can I defend myself against a dismissal?
What would be a reasonable perspective: keeping the same job or following a change in direction?
More about Dismissal

Be careful with Termination Agreements!

You must be particularly careful when your employer submits a termination agreement or, after a dismissal, a winding-up agreement requiring an immediate signature. In this case, ask for time to consider and contact your lawyer before signing.

Are you experiencing problems in your current employment?

Are you experiencing problems in your current employment? I would be pleased to help you with all difficulties occurring during your current employment, for instance in case of an unexpected transfer, unpaid overtime, refusal of leave, a bad interim report or an exaggerated warning letter. I will support you in cases of harassment, bullying and discrimination by colleagues or superiors, for example, with regard to a pregnancy, health impairment or origin. In all cases I will give prompt and discreet advice on how to proceed appropriately.

Counselling of Executives and Managers

Sometimes executives are subject to a special labour legislation scheme different from that for non-managerial employees. The legal status as an executive is particularly decisive when it comes to a dismissal. For executives, the German Unfair Dismissal Protection Act applies only to a limited extent. It is far easier to dismiss executives. We check if the employee really has the status of an executive or if his activity corresponds in legal terms to the status of an ordinary employee, and if he or she thus enjoys full protection against dismissal. Special rules also apply to executives in the German Works Constitution Act and in the German Working Hours Act. I will be your legal and tactical advisor in search of a consensual solution, by either remaining in the background or negotiating directly with the authorized persons of your company. Often, a termination agreement drafted by an expert lawyer can avoid high costs and long legal proceedings.

Rechtsanwalt

FRITZ MAIER

Fachanwalt Arbeitsrecht

Jakob-Klar-Straße 14
80796 München
Tel:   089/27 37 29-0
Fax: 089/27 37 29-29
E-Mail: info@fachanwaltmaier.de

Anfahrt

Consultancy and representation of

Drafting and review of

Employment Law Counselling since 1992

I work exclusively in the field of employment law. I was one of the first lawyers in Munich awarded the title of Expert Lawyer for Labour Law. Following this I have regularly counselled employees and companies in all matters of employment law, and have represented them in and out of court.

Often a fast and amicable solution to a conflict is better for the employee than open-ended legal proceedings. We prepare the agreement in close cooperation with our client and monitor it throughout its implementation. You benefit from our negotiation skills, our experience in labour law matters and from our understanding of your personal situation. We solve most labour conflicts without seizing the Labour Court.

Those who seek judicial clarification often strive for a court settlement on reasonable terms. This is particularly true of dismissals. More than 80% of all labour court proceedings end with a settlement, which is often reached during the conciliation hearing.

Our law firm is situated in Munich-Schwabing, close to Hohenzollernplatz, and Munich’s Labour Court and Regional Labour Court. However, I can also represent you at other German labour courts and regional labour courts, as well as before the Federal Labour Court in Erfurt.

Legal Counselling of Companies

For smaller companies that do not have their own legal department, employment law constitutes quite a challenge: it can be confusing with increasing European labour law requirements that must be met, taking into account judgements that are not always easy to understand and implementing them in the company practice. Obsolete working contracts may entail considerable economic disadvantages for the employer and pitfalls lurk behind legal and contractual formal requirements and delays, for example, with regard to notices of termination.

On the basis of my long standing experience in counselling small and medium-sized companies, I would be delighted to support you in avoiding unnecessary legal and economic risks, helping you seize the opportunities available, such as when preparing the layoff of employees in a professional way, in cases of restructuring or staff transfer, warning letters, the drawing-up of working contracts or avoiding trouble with regard to the non-discrimination rule. I will give you practice-oriented recommendations for action to help you clarify labour-law related matters in your enterprise.

Further fields of activity:

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