What Is Important To Note For Cancellation?

Monday, 22. December 2014

Employment law news – the termination of the employer: opportunity or task? Oliver Kern, Attorney – LL.M suddenly it’s there: the termination of the employment relationship. Have you found the notice in your mail box or it is handed personally you by your superiors. What should you do? It would be wrong to do nothing. The so-called 3-week period begins upon receipt of termination to run. This period shall begin from “Access” the dismissal, i.e. from the date to which you keep the letter of the employer in the hands or thrown in your mail box.

Within this period, you must decide whether you want to indemnify accept the resignation or against legally proceed. Only in a few cases, a 100% cancellation is permitted or lawful. No matter what statement you receive from your employer (we have inspected legal notice by our firm.”), also large and well-known companies terminate workers illegal and don’t comply with the legal requirements (notice is incorrectly calculated, the notice is signed by a wrong person, it is objectively no cause for termination before etc.). Many businesses even bet that the workers not committed against the dismissal to the military. For this reason, it is not only advisable but immensely important to legally validate the termination, to not lose valuable rights (for example, reinstatement) or the prospect of a severance payment. A successful appeal against of a notice can lead to the continuation of the employment relationship.

Your lawyer in the position can be alternatively a comparison conclusion of a considerable severance pay for you to win. In both cases, your personal income will be higher than the costs arising from the commissioning of a reputable lawyer. There are basically three types of termination reasons: the behavioral, person-related or the involuntary termination. One behavior-related dismissal comes with a misconduct of the employee into account. The courts E.g.

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