Employment Law – from the warning notice
to the dismissal.
Whether dismissal, severance pay or a dispute over your employment reference: in employment law, prompt and competent action is essential. With Prof. Dr. Frank Martin and Rechtsanwalt Benjamin Meiser, you have not one but two specialist lawyers for employment law at your side – for employees and employers alike, determined and solution-oriented.
How we can support you
When it comes to dismissal, every day counts. We review its validity and safeguard your claims within the applicable deadlines.
- Three-week deadline (§ 4 KSchG):The claim against unfair dismissal must be received by the labour court within three weeks of receipt of the notice – otherwise the dismissal is deemed effective.
- Review of ordinary, extraordinary and summary dismissal: social justification, social selection, written form (§ 623 BGB), consultation of the works council (§ 102 BetrVG).
- Special protection against dismissal in cases of pregnancy, parental leave, severe disability or works council office.
- Clear objective: continued employment or an appropriate severance payment – we assess the prospects and litigation risk realistically.
- Prior clarification of costs and cover under your legal expenses insurance.
A severance payment is not automatic but a matter of negotiation. We secure the best possible economic outcome for you.
- As a rule of thumb: often around half a gross monthly salary per year of employment – the actual amount depends on your negotiating position.
- We strengthen your position through the prospects of success of the unfair dismissal claim.
- Tax optimisation: review of the one-fifth rule (§ 34 EStG) to reduce the tax burden.
- Keeping an eye on the effects on unemployment benefit (avoiding suspension/blocking periods).
Do not sign anything without having it checked. A termination agreement can be costly – or structured to your advantage.
- Avoiding a blocking period:A termination agreement regularly leads to a blocking period for unemployment benefit (§ 159 SGB III) – we examine how this can be avoided.
- Negotiation of severance pay, release from duties, remaining holiday and outstanding bonuses.
- Securing a favourable, well-qualified reference wording.
- Review of all clauses before signing – even under time pressure.
A warning notice is often a precursor to dismissal. We defend you against unjustified accusations.
- Review of whether the warning notice is substantively and formally valid (specific breach of duty, warning function).
- Counter-statement for the personnel file.
- Right to have an unjustified warning notice removed from the personnel file.
- Setting the course in case of a later dismissal.
A reference determines your next job. We ensure a fair, favourable assessment.
- Right to a qualified, favourable reference (§ 109 GewO).
- Decoding hidden formulations ("reference language").
- Enforcing a better overall grade and correct assessment of performance and conduct.
- Correction of interim and final references.
Clear contracts prevent future disputes. We draft and review them for legal certainty on both sides.
- Employment and termination agreements, settlement agreements.
- Structuring fixed-term contracts in a legally sound manner (Part-Time and Fixed-Term Employment Act, TzBfG).
- Post-contractual non-compete clauses and compensation for restraint of trade.
- Review of general terms and conditions, exclusion periods and remuneration provisions.
Employment law explained clearly
How long do I have to file a claim after receiving a dismissal?
For an unfair dismissal claim, a deadline of three weeks applies from the date the dismissal is received. If this deadline is missed, the dismissal is generally deemed effective. Therefore, act quickly and have the dismissal reviewed immediately.
Am I entitled to severance pay?
A statutory entitlement to severance pay exists only in exceptional cases. In practice, however, severance pay is often negotiated as part of unfair dismissal proceedings or a termination agreement. We will assess your negotiating position and secure the best possible outcome for you.
Do I have to sign a termination agreement?
No. A termination agreement is voluntary. It can offer advantages but also carries risks – such as a blocking period for unemployment benefits. Have such an agreement reviewed by a lawyer before signing.
Does protection against dismissal apply to me?
The Protection Against Dismissal Act generally applies if the employment relationship has lasted longer than six months and the company employs more than ten employees. We will assess whether it applies in your case.
Received a dismissal? Act now.
The three-week deadline is running. Have your dismissal reviewed as soon as possible.