EMPLOYMENT LAW FOR EMPLOYEES

Dismissed? Now time is what counts.

You can only challenge a dismissal in court within three weeks. We review your situation, tell you openly what your chances are – and negotiate for you, for example on a severance payment.

Our managing attorney knows employment law from the employer’s perspective and personally puts this experience to work for employees.

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KODEX Legal · since 1992 · Villa Quistorp, Potsdam · across Germany

DEADLINE TO SUE: 3 WEEKS

PERSONAL ADVICE

LEGAL EXPENSES INSURANCE? WE CHECK

POTSDAM & NATIONWIDE

SEVERANCE CALCULATOR

What might you be entitled to?

Answer a few short questions and get an initial indication of the possible amount of your severance payment. The rule of thumb is half a gross monthly salary per year of service – in negotiations, more is often possible.

The calculator provides a non-binding indication and does not replace an individual assessment. A statutory entitlement to severance exists only in exceptional cases.

TOPICS

How we support you.

DISMISSAL

You have been dismissed

We check whether the dismissal is valid – and what you should do now.

  • Review of form, notice period and grounds for dismissal
  • Unfair dismissal claim within 3 weeks
  • Negotiating continued employment or severance

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SEVERANCE

Negotiating severance

Severance is usually a matter of negotiation. Well prepared, you often achieve more.

  • Assessment of your negotiating position
  • Negotiation with your employer
  • Tax structuring in view

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TERMINATION AGREEMENT

Reviewing a termination agreement

Do not sign too quickly – a termination agreement can be expensive.

  • Review before you sign
  • Avoiding a suspension of unemployment benefit
  • Renegotiating severance and garden leave

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EMPLOYMENT REFERENCE

Employment reference

What does your reference really say? We read between the lines.

  • Review of wording and grade
  • Requesting corrections
  • Enforcing a qualified reference

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PAY

Pay, overtime and holiday

Enforce outstanding claims – before exclusion periods expire.

  • Outstanding pay and bonus
  • Overtime pay
  • Payment in lieu of holiday on leaving

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WARNING

You have received a warning

A formal warning is often the first step towards dismissal. Respond carefully.

  • Checking whether it is justified
  • Drafting a counter-statement
  • Removal from your personnel file

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HOW IT WORKS

Four steps to your rights.

1

Contact

You briefly describe your situation – by form, e-mail or phone.

2

Assessment

We review the dismissal or contract and tell you openly what options you have.

3

Strategy

Together we decide: negotiate, go to court or seek an amicable solution.

4

Implementation

We represent you towards your employer and before the labour court.

FREQUENTLY ASKED QUESTIONS

Questions and answers.

How quickly do I have to act after a dismissal?

If you want a court to review the dismissal, you must file an unfair dismissal claim with the labour court within three weeks of receiving it (Section 4 KSchG, German Dismissal Protection Act). After that, the dismissal is as a rule deemed valid – and your negotiating position for severance weakens as well.

Am I entitled to a severance payment?

There is no general statutory entitlement. Exceptions include social plans or a severance offer under Section 1a KSchG in the case of a dismissal for operational reasons. In practice, severance payments are usually negotiated – often in the course of an unfair dismissal claim.

How much severance is usual?

The rule of thumb is half a gross monthly salary per year of service. The actual amount depends on the prospects of a claim, length of service, age and negotiation.

What do I need to consider with a termination agreement?

With a termination agreement you actively take part in ending your employment. This can lead to a suspension of unemployment benefit. Have the agreement reviewed before you sign it.

What does the advice cost?

At first instance before the labour court, each party bears its own legal costs – even if it wins. Legal expenses insurance often covers the costs; we are happy to check your cover for you. We discuss the costs with you transparently in advance.

Before accepting any mandate we check for conflicts of interest. We do not act against our own clients.

ENQUIRY

Your concern, your question.

Briefly describe your situation. We will get back to you personally – with priority if a court deadline is running.

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We are here to help. Our Team is more then happy to answer your questions.