Employee rights after termination of job due to store closings

[germanyherewecome 201]

Hi everyone! Today I have a question for a friend. She received her termination letter after 3 years of employment. The employer stated that she was terminated due to store clothings that will take place the end of December. The company she worked for has less then 12 employees, and is a family business with 3 stores.

 

The employment was terminated on October 31st. Shortly after this event a new employee was hired and now works there. If that person only completes the remaining weeks in November and December, or continues this in the new year is not known, but the question remains:

 

1. Why did my friend receive the termination letter stating all stores will close, but he hired someone new instead of letting my friend complete the remaining time for 2022?

2. Is there anything she can do if for example the store she worked in continues to stay open in the new year?

 

Research on the internet did not show me anything that applies to this situation. It only shows situations where in case of a termination the employee can go within 3 weeks of termination to the Arbeitsgericht to ask for a so called termination Abfindung? But this only applies if the employer has more than 12 employees. 

 

Anyone has info on that? My friend is a single mother, and due to the termination including the 4 weeks notice, she endured extreme hardship. The unemployment money of about 65 percent is just not enough.

 

Wishing everyone a healthy and wonderful Christmas season!

 

 

[MikeMelga 7,240]

Before TT experts jump in, let me just say legal insurance is something everyone should have!

[mako1 864]

My experience at a Arbeitsgericht was I stated what happened and they simple asked if I wanted to start a process(Klage).

 

I think your friend can go to the local Arbeitsgericht and explain the case there, likely in German only.

You can BYOLawyer (see MMelga's advice)  but it is not required. The first appt (hopefully walk in) is to discuss the case with a case worker(?) or someone who is not a judge. They don't really give advice but can simply start a process.

 

You can 'push' things if you know that rules are being broken. They are not there to start an investigation though. They just write a letter to the ex employer saying an employee believes he or she was let go 'illegally'. (Not following the rules).

 

Regarding the 65%, no one gets more. That is the limit as far as I know. Kindergeld?

 

Best of luck to your friend.

 

RE: legal insurance, I was able to call in (that much was covered) and if they are answering, they can give some pointers as to how one might be able to make a case.

 

 

 

 

[maxie 602]

I think you need to file within three weeks if you want to file for unlawful termination. 

 

As @mako1 mentione, the employment courts usually have a Rechtsantragsstelle where you can talk to an employee of the court which will help you navigate the whole process. They do not give legal advice. The location of the employer determines which Arbeitsgericht is responsible. 

They have forms which you can fill out to file a case which you then submit to the court. Everyone pays for their own counsel in the first round, as this prevents employees from getting stuck with huge bills for corporate lawyers.