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Wrongful termination in Frankfurt am Main, as in the rest of Germany, is primarily governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB) and the Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, KSchG). Wrongful termination refers to the unlawful dismissal of an employee in violation of legal statutes, employment agreements, or collective bargaining agreements. In Frankfurt, labor laws are designed to provide employees with robust protection against unfair dismissals, and workers have the right to challenge these decisions. However, it is vital to understand the specific legal context and procedures involved when navigating wrongful termination claims.
Seeking legal advice in cases of wrongful termination is often crucial for several reasons:
Protection Against Unfair Dismissal: The Kündigungsschutzgesetz (KSchG) is a critical piece of legislation offering protection against unfair dismissals. It applies to employees who have been with an employer for more than six months and work in organizations with more than ten employees.
Notice Periods: German companies must adhere to statutory notice periods, which vary depending on the length of the employee's service. These notice periods are regulated by the BGB.
Justification for Termination: Employers must provide a valid reason for termination, which can include personal reasons, conduct, or operational necessities.
Works Council Involvement: In businesses with a works council, any termination must involve consultation with the council, adding a layer of protection for employees.
Wrongful termination occurs when an employer dismisses an employee without a legally valid reason, violates the terms of an employment agreement, or fails to comply with the statutory notice period.
First, you should review your employment contract and any communications from your employer. Seek legal advice promptly, as there are strict deadlines for challenging a dismissal (generally three weeks from the receipt of the termination notice).
A works council is involved in the consultation process before any dismissal, especially in larger organizations. They assess the fairness and justification of the termination and can advocate for the employee.
An employee typically has three weeks from the date of termination notice to file a wrongful termination lawsuit in the labor court.
German law does not automatically guarantee severance pay. However, it can be negotiated, particularly if the employment contract, a social plan, or collective agreement stipulates it, or during settlement discussions.
Yes, although the regulations differ, fixed-term contracts can be subject to wrongful termination claims, especially if the termination occurs without reasonable cause before the contract’s expiration.
The process typically involves filing a claim, followed by a conciliation hearing to explore settlement opportunities, and if necessary, proceeding to a main hearing.
Success depends on various factors, including the strength of evidence, employer compliance with legal procedures, and the presence of justifiable reasons for dismissal.
Terminating an employee while on leave is generally unlawful unless exceptional circumstances justify it, such as significant organizational changes preventing continued employment.
Alternative dispute resolution (ADR) can play a critical role by helping parties reach an amicable settlement before proceeding to court, saving time and resources.
If you believe you have been wrongfully terminated, it is essential to act quickly. Follow these steps:
