Best Wrongful Termination Lawyers in Lübeck

About Wrongful Termination Law in Lübeck, Germany

Wrongful termination, known as "unrechtmäßige Kündigung" in German, refers to the dismissal of an employee from their job in violation of statutory laws, contractual terms, or principles of fair labor practice. In Lübeck, as in the rest of Germany, employment law is governed by federal legislation, notably the Kündigungsschutzgesetz (KSchG – Protection Against Unfair Dismissal Act). German law offers robust protection to employees, making it challenging for employers to terminate employment without a valid reason. Employees who believe they have been wrongly dismissed have the right to challenge the termination in the local labor courts (Arbeitsgericht), including the Lübeck Labor Court.

Why You May Need a Lawyer

There are several scenarios in which a person might require legal assistance regarding wrongful termination in Lübeck:

• You suspect your employer fired you without a legally valid reason.
• You believe your termination was due to discrimination, illness, pregnancy, or parental leave.
• Your employer did not follow proper dismissal procedures or notice periods.
• You were offered a severance agreement and are unsure about your rights or the terms.
• You wish to file a lawsuit against your employer for reinstatement or compensation.
• You are facing pressure to accept a termination agreement or "Aufhebungsvertrag".
• You received a termination during or after reporting workplace misconduct ("whistleblowing").

Legal guidance can help you understand your rights, evaluate your case's strength, and navigate the complex rules and timelines governing wrongful termination claims in Lübeck.

Local Laws Overview

Labor law in Lübeck is largely determined by federal German regulations. Key provisions include:

• Kündigungsschutzgesetz (KSchG): Protects employees who have worked longer than six months in companies with more than ten employees. Employers must provide a valid reason (person-related, conduct-related, or operational).
• Protection Against Dismissal for Special Groups: Extra protection exists for pregnant employees, those on parental leave, severely disabled employees, and works council members. Dismissal is only permissible with approval from authorities.
• Notice Periods: The notice period varies according to contract terms and length of employment, but statutory minimum periods apply.
• Procedure: Terminations must be in writing and signed in original (no scans, copies, or emails). Oral terminations are invalid.
• Three-Week Deadline: If you intend to challenge your termination, you must file a claim at the local labor court (Arbeitsgericht Lübeck) within three weeks of receiving the notice, or lose your right to contest the dismissal.
• Severance Pay: There is no automatic entitlement to severance pay unless specified by the contract, social plan, or collective agreement, but it is often negotiated in settlement agreements.

These laws are supplemented by local regulations and case law, so seeking local legal advice is often necessary.

Frequently Asked Questions

What counts as wrongful termination in Lübeck, Germany?

Wrongful termination occurs when an employer dismisses an employee without a lawful reason, fails to follow proper procedures (e.g., written notice), or violates special legal protections (such as terminating a pregnant employee without required authority approval).

Does my employer always need a reason to fire me?

If you have worked for more than six months in a company with more than ten employees, your employer must provide a legally valid reason for termination. For smaller companies or during a probationary period, less stringent rules apply.

How much notice must my employer give before terminating my employment?

Notice periods are regulated by statutory law and may also be stated in your employment contract or collective agreement. The legal minimum notice period is usually four weeks to the 15th or end of a calendar month, with longer periods for employees with more tenure.

What should I do if I receive a termination letter?

Act immediately. Carefully review the notice, and if you believe it's unjust, consult a lawyer. If you want to challenge the dismissal, you must file a lawsuit at the Lübeck Labor Court within three weeks of receiving the notice.

Can I get severance pay if I am fired?

There is generally no automatic right to severance pay unless your contract, collective bargaining agreement, or a social plan provides for it. Severance is often negotiated as part of a legal settlement.

What if I am dismissed while pregnant or on parental leave?

Such terminations are generally prohibited in Germany. In rare cases, an employer may seek permission from the competent authority (Integrationsamt or local equivalent), but dismissals are typically invalid without this approval.

How can I prove my termination was wrongful?

Evidence such as written correspondence, witness statements, or internal documents can help. The burden of proof for a lawful reason lies largely with the employer during court proceedings.

What is a "social selection" and does it affect my dismissal?

If a company is downsizing for operational reasons, employers must perform a social selection ("Sozialauswahl"), considering factors like age, tenure, family obligations, and disabilities. Failing to do so can render the dismissal invalid.

Can I resign instead and still have rights?

If you resign under pressure or as part of a mutual agreement, it can impact your rights to unemployment benefits or legal claims against your employer. Seek legal advice before making such decisions.

Where do I file my wrongful termination claim?

Wrongful termination claims are filed at the Lübeck Labor Court (Arbeitsgericht Lübeck). You must file within three weeks of receiving your termination notice.

Additional Resources

• Arbeitsgericht Lübeck: The local labor court where employment disputes, including wrongful termination cases, are heard.
• German Employee Councils (Betriebsrat): Your company’s works council can provide advice and support regarding termination matters.
• Local Legal Advice Centers (Rechtsberatungsstellen): Many offer free or low-cost initial consultations for employment law issues.
• Gewerkschaften (Trade Unions): Unions offer assistance to members on legal employment matters, including wrongful terminations.
• Federal Employment Agency (Bundesagentur für Arbeit): Provides advice on unemployment insurance, benefits, and job-seeking support after dismissal.
• Integrationsamt: The local authority for approving dismissals of severely disabled employees or those with special protections.

Next Steps

If you believe you have been wrongfully terminated in Lübeck, take the following actions:

1. Carefully review your termination letter and any accompanying documentation.
2. Act quickly: You must challenge your dismissal at the Lübeck Labor Court within three weeks of receiving notice.
3. Contact a local employment lawyer or legal advice center for a case evaluation.
4. Gather and preserve all paperwork, emails, employment contracts, and other relevant evidence.
5. Consult your company's works council or trade union for initial guidance.
6. Register with the Bundesagentur für Arbeit to secure unemployment benefits if needed.

Seeking prompt and professional legal advice greatly increases your chances of a favorable outcome, whether that means reinstatement, compensation, or an amicable settlement.