Cancellation

Did your employer terminate your job?

An imminent termination often hits employees unprepared. Even though being emotionally troubled it is now important to set the course for checking within a short time whether the termination is effective and whether the cancellation period is correct.

Not every termination is legitimate. Formal faults we often come across are, for example:

• A warning letter would have been necessary before the termination, but wasn’t received.
• The wrong person signs the termination, for instance only one person of a shared management of a civil law association.

Caution! It’s important to act fast. A claim for wrongful dismissal has to be filed within 3 weeks after the employee received the termination. It is important to use this time span, because with extrajudicial negotiations we can also reach an appropriate compensation.

Furthermore there are a lot more stumbling blocks. When the employer’s lawyer signs the termination without having the original procuration for example – the termination can be declined immediately.

Or a termination that has been faxed but has never been given to the employee as the original document. In this case it could be advantageous to wait as long as possible before you reveal this fact.

Is there a right to compensation?

Generally, no. There only exist a few exceptional cases where the compensation is regulated, like in a social plan or when the labor judge dissolves the employment.

Most of the time the compensation is negotiated though, and the amount of the compensation normally depends on the mutual suit risks and legal costs.

We are on your side! We take over negotiations with the employer and we pay attention to your reciprocities (like holiday reward or overtime) and your right to unemployment pay, so that we avoid off-time caused by a hasty cancelation agreement.

In this situation we represent you out of court and – if necessary – we appear in court for you. If available you can get an appointment on short notice on the same day you called. And from that first appointment on we take over the correspondence and the appointments at the Labor Court for you.

You can count on us until we finish successfully.