Best Wrongful Termination Lawyers in Neubrandenburg

About Wrongful Termination Law in Neubrandenburg, Germany

Wrongful termination, or “unrechtmäßige Kündigung,” refers to situations where an employer ends an employment relationship without a valid legal reason or without adhering to the required legal procedures. In Neubrandenburg, as in the rest of Germany, employment relationships are governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB) and the Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, KSchG). These laws offer employees significant protection against arbitrary or unjustified dismissals and lay out clear requirements for lawful termination. Understanding these protections is crucial for both employees and employers in Neubrandenburg.

Why You May Need a Lawyer

People may require legal assistance with wrongful termination in Neubrandenburg for a variety of reasons. You might need a lawyer if:

• You believe your dismissal was without proper cause or due process.
• Your termination was related to personal characteristics, such as gender, religion, disability, or union membership.
• Your employer failed to provide adequate notice or follow procedural requirements.
• You received a termination during pregnancy, parental leave, or while under special legal protections.
• Your termination came after filing a complaint or whistleblowing about workplace practices.
• Negotiating a severance package or disputes over final salary and benefits becomes complex.
• Your employer refuses to provide a job reference (Arbeitszeugnis) or provides a negative or misleading reference.

Legal advice ensures your rights are protected, helps clarify your entitlements, and assists with negotiations or litigation if needed.

Local Laws Overview

Neubrandenburg adheres to federal German labor law, but local interpretations and practices may vary slightly. Key legal aspects relevant to wrongful termination include:

• Employment Protection Act (Kündigungsschutzgesetz): Applies to companies with more than ten employees and to employees who have worked at least six months. It restricts dismissals to specific grounds (behavior, personal circumstances, or operational needs).
• Notice Periods: Statutory notice periods must be followed, and longer periods may apply depending on length of employment or contracts.
• Protection Against Special Dismissals: Special groups, such as pregnant employees, those on parental leave, or people with severe disabilities, are afforded extra protection and may only be dismissed with authority permission.
• Works Council (Betriebsrat): If present, the employer must consult the works council before dismissing an employee.
• Dismissal Protection Lawsuits: Employees can challenge terminations at the local Labor Court (Arbeitsgericht Neubrandenburg) within three weeks of receiving notice.
• Severance: While there is sometimes a right to severance, it is not automatic unless provided by contract or collective agreement; negotiations or lawsuits can sometimes achieve severance.

Frequently Asked Questions

What counts as wrongful termination in Neubrandenburg, Germany?

Wrongful termination includes dismissals without valid legal reason, dismissals that do not follow correct procedures, or terminations that violate employee protection laws.

What should I do if I receive a termination notice?

Immediately review the notice for legal compliance, note the date received, and contact a lawyer or legal aid organization. You have only three weeks to file a claim with the labor court.

Do I need written notice for termination?

Yes, all terminations in Germany must be delivered in writing and signed by the employer to be legally effective. Email or oral notices are not valid.

Can I be dismissed without notice?

Dismissal without notice (“fristlose Kündigung”) is only possible in serious cases of misconduct. Otherwise, statutory or contractual notice periods must be observed.

What protections exist for pregnant employees or those on parental leave?

Dismissal during pregnancy and parental leave is prohibited except in very rare cases with official approval from the relevant authority.

What if I work in a small company?

Companies with ten or fewer employees are exempt from some aspects of the Protection Against Unfair Dismissal Act, but dismissals cannot be discriminatory and local requirements may still apply.

How long do I have to challenge my dismissal?

You must file a complaint with the local labor court (Arbeitsgericht) within three weeks of receiving the termination notice.

What role does the works council play in dismissal?

If a works council exists, the employer must inform and seek its opinion before terminating an employee. Failure to do so may invalidate the dismissal.

Is severance pay mandatory?

Severance is not generally automatic under German law but can be negotiated or awarded by the court in specific circumstances, such as social plans or unlawful dismissal.

What should I bring to a legal consultation?

Bring your employment contract, termination notice, all relevant correspondence, pay slips, and any documentation related to your employment or the dismissal.

Additional Resources

• Arbeitsgericht Neubrandenburg: The local labor court where employment disputes are settled.
• Landesarbeitsamt Mecklenburg-Vorpommern: The state labor office for employment and worker rights inquiries.
• Deutscher Gewerkschaftsbund (DGB): Regional union office can offer guidance and representation.
• Beratungsstellen für Arbeitnehmerrechte: Advice centers for employee rights in Neubrandenburg and Mecklenburg-Vorpommern.
• Anwaltverein Neubrandenburg: Bar association providing lawyer referrals.

Next Steps

If you suspect wrongful termination or have received a dismissal:

1. Review your employment contract, dismissal notice, and all related correspondence.
2. Seek immediate legal advice—timely action is crucial due to strict deadlines (three weeks for court claims).
3. Contact a local lawyer specializing in employment law or consult your union if you are a member.
4. Collect and bring all relevant documents to your consultation.
5. Consider contacting employee rights advice centers or legal aid services in Neubrandenburg if you cannot afford private legal counsel.
6. Do not sign any settlement or agreement without understanding your rights and obligations. Always consult with a legal professional first.

Taking swift and informed action helps ensure that your rights as an employee are protected and that you have the best chance to resolve your situation favorably.