Lawyers specializing in employment laws and issues

24 posts in this topic

Posted

Anyone here know of any lawyers specializing in labor laws, specifically being let go while on a permanent German contract?

 

The company offered to pay me two months salary. I heard under German law they should pay you three months. The company is growing like crazy. My boss did not like the fact that I was making more than him may be one of the factors.

 

I received no warnings or writeups, it came as a shock.

 

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Posted

Don't know about the lawyer stuff, but have some insight to the business stuff. Keep your options open with the old company. You could become a consultant for them. You might even try to put this into part of the exit strategy.

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Posted

The legal kündigungsfrist is one month from the end of the calendar month. If you got let go now, the legal notice they're required to give you is until the end of december. But most contracts specify more (3 months is standard).

 

Legally, though, if you have a permanent contract, are over 25 and have been with the company longer than 6 months it is pretty hard for them to let you go.

 

The law says that the Employer can let the employee go only due to serious failures on the part of the employee (like stealing) or due to re-organization or poor outlook for the business. Re-organization is hard to justify in court and poor outlook seems not to be the case if the company is growing like crazy as you say. Sounds like you got screwed.

 

If the company really is doing well, and you were clean (no write-ups or something like that) you can definitely get more than 2 months. I don't know any lawyers by name, but if you haven't found one by monday post and I'll find out the name of the ones that have gotten money off my company in the past. It's at least a sign they know what they're doing.

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Posted

The beauty of Toytown. I have been given the name of the lawyer and this lawyer helped this person in a circumstance similar to mine. I love TT.

 

Herr Kusterman

Landsbergerstr. 143

80339 Muenchen

Phone: 089 34 73 53

 

I will let everyone know how it goes.

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Posted

How long have you been working there? If there is no documented performance issues in your file then you should be able to get more than two months. Based on my own experience you should be able to get 4 months. And I didn't use a lawyer...

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Posted

I have been working there for 3 years (1 in the states and 2 years in Germany) How did you get 4 months without an attorney? I have no performance issues on record.

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Posted

 

They offered to pay me 2 months salary. I heard under German law they should pay you 3 months. ..

as far as i remember, there is no law about this. standard is 1/2 a months salary for every year you worked there. of course, depends on reasons for being let go. but when negotiating this with my old company and having consulted a lawyer, we agreed on 2 months.

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Posted

Excellent lawyer who helps write the book on this subject (literally):

 

Fr Brigitte Winkelmann

0841 9313867

 

Based in Ingolstadt, but she is often in Munich. Recommended very highly.

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Posted

Lawyers are not always necessary, and sometimes drag things out more than necessary without additional benefit .(my apologies to any lawyers here - this is a judgement call depending on the level of trust between the parties) In my case it was a straightforward negotiation as the company was in economic difficulties. The company wants to let you go even though there are no performance issues. In addition they have moved you (and your family?) to Germany. After 2 years you will be challenged (assuming your German is not yet "sehr gut") to find another job in Germany in the current market. Also there will be an unforseen cost of moving back to your home country should you not be able to find a job here after having sold furniture etc back home only 2 years ago. I argued on the basis of reasonableness.

 

Their interest is a pain free and quick termination of contract and preferably without the lawyers. Your interest is a quick and fair settlement that gives you a good chance to find a new job in the current market. Don't underestimate the emotional impact that a drawn out legal case will have on you when you are at the same time trying to find a new job. ALSO ensure that you get a good reference as a part of the deal. This is important and let me know if you need help with the wording as this can be tricky - I had to get mine rewritten twice. The standard offer in my ex firm was 2 months (to Germans living in Munich), but on the basis of the above arguements it was possible to get more. Your key argument is that you are not the "same" as the other locals who get made redundant so your redundancy package should be considered in this light.

 

At the end of the day, YOU need to get informed as to what is possible (which you are doing) and decide yourself what you want and then go and negotiate it. If this does not work then use legal as a back-up.

 

Good luck.

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Posted

One of my previous students does this for a living too:

 

Michael Dudek

Kanzlei Hohenlohe und Partner

Widenmayerstr. 34

80538 München

Tel. (089) 98 27 74 20

Fax. (089) 98 27 77 411

E-Mail: m.dudek AtT phpg.de

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Posted

Hi all,

 

I need to inform myself about the lawyers in employment issues. Maybe someone here can help me or introduce me to someone who can help!

The story is: I started working for an outsourcing company 4 mounths ago while I was a student. The contract was valid till the end of February and since I was graduating by the end of March, I just signed the limited contract (till the end of February). On the last week of February, this outsourcing company invited me for an internal meeting and basically they wanted to hire me for a longer time, but I didn't accept. They were not happy about it but they had to accept since my contract was for a limited time. My real work was in another company and I was working there on an hourly base and at the end of each month I was sending my hours to the outsourcing company and get my salary from the outsourcing company. After my last meeting in February and telling them that I don't want to extend my contract, I sent my last month hours (for February) and usually it takes them 4 days to pay the salaries but I haven't got my last salary yet. At the beginning I thought that since it was my last month, it might take more time to pay, so I waited for 10 days and then called them. The guy there said he will check why my salary is not paid yet, I didn't heard of him. So I called again after 2 days and no one answered. I wrote the guy an email yesterday (4 days after the first call) and no answer yet. It might be that they transfered my money and it is just taking some time as a normal bank transaction. But I thought if I don't hear of them or get my money till Monday (19. March), I would like to consult with a lawyer.

 

So anyone has experienced the same case or any suggestion!

 

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Posted

I would first try to insist a bit more on cooler terms. You haven't been able to talk with them, so you don't really know their position about the issue. So far, it seems, they have not made any statements related to not wanting to pay your salary as a retaliaion for rejecting their offer. A lawyer will cost you probably more than what the salary is, so I would advice to call everyday several times a day until you get to talk with someone and get some sort of answer on what is the problem (if there's any) and what's their official position about it.

Even if it comes to a confrontation you better get down and talk with the contracting company (the one you were doing work for) about the problem. They will definitely not be satisified with that kind of situation, especially taking into account that you will be working directly with them from now on.

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Posted

I left a company in June. My last invoice went in on 27th June which they normally pay within a week. They've only just paid it today after a lot of excuses like, couldn't read the attachment, saying they'll pay it then going on holiday for a week etc etc.

 

Today I started to get a bit short with them & they paid it. I got an email to confirm payment with a note that €1500 was deducted due to "incorrect work".

 

The work wasn't incorrect but incomplete due to late delivery of infomation. I was supposed to finish on the Wednesday because I was going on holiday on the Thursday & being pickedup at 2pm. I ended up going in on the Thusday morning to get the job to a point that I could hand it over for someone before I went off on holiday.

 

I've seen this happen to other people before but have never experieced it myself.

 

Anyone know a good solicitor?

 

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Posted

I'm a little bit confused about this.

 

Did you finish the work or not? If it was incomplete (even if it was their fault) then I guess I can understand why they wouldn't want to pay the full amount.

 

Is your problem the amount they have deducted or that they deducted any at all?

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Posted

Rolf Gneiting on Sendlinger strasse in Münich

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Posted

I need a good lawyer who is specializes in rights of freelancers who do entertainment for a living.

I don't want to go into detail online about what happened except that my contract has been breached twice and there has been abused at the work place.

I checked out some that ppl suggested on here already, but I want to find the right one.

Also if anybody has links to information regarding lawyers, laws and rights for freelancers, I would appreciate it a lot!

thanks

 

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Posted

Hi,

 

Can anyone recommend a good Lawyer in Munich, to work on a personal redunancy and also speaks English?

 

Thanks

Dave

 

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Posted

Gneiting he is in the yellow pages and is an expert on working law.have had personal experience with him.Very thorough and speaks French and English

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Posted

Hey everyone,

Need help pretty urgently. Bit of a long story. Short version is that the company I've been with for a year wants me to be able to do overtime on top of my 20hr contract. Got the visa in May after 3 months of waiting: it specified 20hrs, "u. Aushilfe". The caseworker at Immigration said that would be enough for me to be able to do overtime.

HR at my company disagree: despite the urgent need for me to be able to work overtime at the moment, HR has refused permission because of the interpretation of "u. Aushilfe." They interpret it as unpaid, voluntary help. Immigration refuse to answer my emails or take my calls asking for clarification. Surprise surprise. What exactly do these two words allow me to do??

Cheers,

Jen

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Posted

Hi everyone,

 

I was working for this recruitment agency for a short while and I was placed in hospital, due to having breakdowns from my miltary days.

The hospital informed them of me being there and said I will be in there for a while.

After 14 days of being in hospital, they terminated my contract and they are now saying, because I didnt give them evidence of me being in hospital(which I have) that I owe them 14 euros for every day I was in Hospital. I never had to pay for treatment whilst in the hospital and are refusing to pay me.

Is this legal?

 

Cheers

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