Understanding the "Ordentliche Kundigung"

Last activity 10 July 2024 by beppi

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allieinnatureMember09 July 2024 08:18:45

Unfortuntly, I received a termination notice. The notice doesn't have a reason but my boss was very verbally upset that I had been on sick leave for 4 months following a severe accident leaving me in need of a recovery period. Now I was told I was fit for work but just a week before my return date I received the dreaded notice of termination.

How can one prepare a "Klage" or legal action without the cause? What are my options? The lawyer I've been consulting has pressured me to reply and accept her help without any guarantee I'd win the complaint, yet her fees are very high.

I was told that in Hamburg where I work, that I shouldn't talk to the company without a lawyer or I might decrease my odds of winning anything in this situation. I only have a week left to give a complaint. Any help?

TominStuttgartGermany Expert09 July 2024 10:42:09

2703

Lawyers are expensive in Germany and they will never guarantee a win. Is this differnet anywhere in the world? At best they can give a assessment of one's chances. But of course an employer will have to respond to their inquiries of cause. One cannot be likely let go without one.

beppiGermany - Singapore Expert10 July 2024 06:56:42

15277

Terminations without a legally valid cause are not possible in Germany. And being sick (even for long periods) is NOT a legally valid cause. So, if what you wrote (and my interpretation of it) is correct, you have good chances to dispute it.

But you do need a good lawyer for it, as there are many possible mistakes to be made!

(One of them is being too late: You have exactly three weeks after you received the termination notice to go to court - a day later and you lost all your legal rights!)

Lawyers' fees are fixed in Germany, so you won't get a cheaper deal elsewhere.

Furthermore, no lawyer will ever give you a guarantee that you'll win. This is decided on by the court - and the lawyer can only make sure you maximize your chances to convince the court.

In my experience, labour court cases ("Klage am Arbeitsgericht") almost always end in a mutual agreement - usually about a financial settlement ("Abfindung") and NOT about you continuing work for the employer. And (this is a specific of the labour court) you'll have to pay your own lawyer's fees even if you win. So think twice whether it is worth it!

(A general rule of thumb for the "Abfindung" is 0.5 - 1 month salary per year you worked in this company.)

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