Best Wrongful Termination Lawyers in Riesa

About Wrongful Termination Law in Riesa, Germany

Wrongful termination, known in Germany as "unrechtmäßige Kündigung," refers to situations where an employer terminates an employee’s contract without a legally justified reason or in violation of statutory protections. In Riesa—as in the rest of Germany—unfair dismissal is subject to strict regulations found in the German Civil Code (Bürgerliches Gesetzbuch, BGB), the Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, KSchG), and various collective bargaining agreements. These laws aim to ensure that employees are not dismissed without proper cause and that appropriate procedures are followed.

Why You May Need a Lawyer

People may require legal assistance in wrongful termination cases for various reasons in Riesa:

• The dismissal appears unjustified, discriminatory, or based on false accusations.
• The employer did not follow the proper procedural steps, such as offering a hearing or written documentation.
• You are a member of a protected group—such as a pregnant employee, works council member, or someone on parental leave.
• You receive a termination notice that lacks proper details or was delivered without the correct notice period.
• You suspect your termination is a retaliation for whistleblowing or asserting your legal rights.
• You wish to negotiate a better severance package or seek reinstatement.

Local Laws Overview

Several key aspects of German employment law are especially relevant in Riesa:

• Protection Against Unfair Dismissal: Employees working at a company with more than ten employees and with at least six months’ tenure are usually covered by the Protection Against Unfair Dismissal Act (KSchG). Employers must have a social justification (verhaltensbedingt, betriebsbedingt, personenbedingt).
• Notice Periods: Strict notice periods apply, varying by tenure and employment agreements. Immediate dismissals require a grave reason.
• Special Protection: Certain groups—such as pregnant women, disabled persons, and works council members—are entitled to special protection and require consent from authorities for termination.
• Works Council Involvement: Companies with a works council must inform and consult this body before dismissals occur.
• Dismissal in Writing: Terminations must be in writing and personally signed.
• Deadline to Contest: Employees typically have three weeks from receiving the notice to file a lawsuit (Kündigungsschutzklage) at the local labor court (Arbeitsgericht).

Frequently Asked Questions

What constitutes wrongful termination in Riesa, Germany?

Wrongful termination occurs when an employee is dismissed without proper cause or in violation of legal requirements, such as lack of notice, missing documentation, or dismissal for discriminatory reasons.

Am I protected under the Protection Against Unfair Dismissal Act in Riesa?

If you have been employed for at least six months and your workplace usually has more than ten employees, you are generally protected under this act.

What should I do if I receive a termination notice?

Do not sign any document without reading it carefully. Seek legal advice immediately and remember you have only three weeks to contest the dismissal at the local labor court.

What is the deadline for contesting a wrongful termination?

You must file a lawsuit at the Arbeitsgericht (labor court) within three weeks of receiving the written termination notice.

Can I be dismissed without notice?

Termination without notice (fristlose Kündigung) is only allowed for grave misconduct like theft or violence. The employer must act promptly and provide adequate evidence.

Are there special protections for pregnant women or people on parental leave?

Yes, such employees enjoy special protection. Dismissal generally requires the approval of the relevant state authority and is rarely granted.

What if I believe my dismissal is related to discrimination?

Discrimination-based termination is prohibited. You can contest the dismissal and may be entitled to compensation. A lawyer can help you gather evidence and file a claim.

Does the works council have to be informed before my dismissal?

Yes, if your workplace has a works council, your employer must inform and consult with them before dismissing you.

Can I receive severance pay after wrongful termination?

Severance pay is not automatically granted, but it can be negotiated as part of a settlement or under certain collective agreements. A lawyer can assist with negotiations.

What if I am a temporary or probationary employee?

While fewer protections apply during the probationary period (typically the first 6 months), terminations still must adhere to basic fairness standards and notice requirements.

Additional Resources

Here are some helpful resources and organizations for employees in Riesa confronting wrongful termination:

• Arbeitsgericht Dresden: The local labor court responsible for Riesa region cases.
• Gewerkschaften (Trade Unions): Unions such as ver.di or IG Metall offer legal support and advice to members.
• Beratungsstellen für Arbeitnehmer:innen: Advisory centers for employees that provide free or low-cost guidance.
• Deutscher Anwaltverein (DAV): The German Lawyers' Association can help you find a specialized employment lawyer.
• Agentur für Arbeit: The Federal Employment Agency can advise on rights and unemployment benefits.
• State Anti-Discrimination Office (Antidiskriminierungsstelle): Offers information and assistance in discrimination-related dismissals.

Next Steps

If you believe you have been wrongfully terminated in Riesa, consider the following actions:

1. Review your termination notice to ensure it was in writing and follows legal requirements.
2. Collect all relevant documents, including your work contract, pay slips, and correspondence related to your dismissal.
3. Consult with an employment lawyer or seek help from a trade union or advisory body as soon as possible.
4. Act promptly—remember the three-week deadline to file a claim at the labor court.
5. Prepare for potential mediation or court proceedings by documenting your case and gathering any evidence.