Best Wrongful Termination Lawyers in Schongau

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Anwaltskanzlei Bernhard Mehr
Schongau, Germany

English
Anwaltskanzlei Bernhard Mehr, located in the historic center of Schongau, offers comprehensive legal services across multiple disciplines, including family law, criminal law, divorce proceedings, employment law, and mediation. Established in 1977 by Paul Lehner, the firm has over four decades of...
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About Wrongful Termination Law in Schongau, Germany

Wrongful termination in Schongau, Germany refers to situations where an employer ends an employment relationship without a valid legal reason or fails to follow legally required procedures. German labor law provides robust protections for employees, making Germany one of the stricter countries when it comes to employee rights. Terminations must generally comply with the German Protection Against Dismissal Act, and employers must have significant justification for dismissing an employee, such as conduct-related, personal, or operational reasons. In Schongau, as in all of Germany, proper process and appropriate grounds are essential to ensure a termination is considered lawful.

Why You May Need a Lawyer

If you believe you have been wrongfully terminated in Schongau, seeking legal advice can be crucial. The process for challenging a dismissal in Germany is time-sensitive and requires thorough understanding of local and national employment laws. Common situations where people may require legal help include:

  • Receiving a termination notice without prior warnings or explanation
  • Suspecting discrimination based on age, gender, religion, disability, or other protected characteristics
  • Being dismissed while on parental or sick leave
  • Experiencing mass layoffs or operational changes without adherence to social criteria
  • Confusion about severance pay, notice periods, or reference letters

A lawyer can help assess your case, initiate proceedings against your employer if necessary, and negotiate for compensation or reinstatement.

Local Laws Overview

Schongau, located in Bavaria, follows federal German labor laws. Key aspects relevant to wrongful termination include:

  • Protection Against Dismissal Act (Kündigungsschutzgesetz) - Applies to companies with more than ten full-time employees and to workers employed for at least six months. Employers must provide concrete reasons for dismissal.
  • Notice Periods - Employers must observe statutory notice periods, which vary based on length of service.
  • Special Protection - Certain groups, such as pregnant employees, parents on parental leave, and severely disabled workers, enjoy special protection and can only be terminated under exceptional circumstances.
  • Works Council Involvement - If there is a works council (Betriebsrat), it must be informed and consulted before many types of dismissals.
  • Dismissal Challenge - Employees must file a claim with the local labor court within three weeks of receiving the termination notice if they wish to contest it.

These laws help ensure fair practice in employment relationships across Schongau and protect employees from unjust job loss.

Frequently Asked Questions

What qualifies as wrongful termination in Schongau, Germany?

Wrongful termination occurs when an employer dismisses an employee without proper cause, fails to follow legal procedures, or violates special protection rules provided by German labor laws.

How much notice should my employer give before terminating my contract?

Notice periods vary based on your length of service, but the legal minimum is set by the German Civil Code (BGB) and ranges from four weeks to seven months for long-term employees.

Can I be dismissed while on sick leave?

Although it is possible, such dismissals must meet strict criteria. Employers must have compelling reasons unrelated to your illness, and these terminations are closely reviewed by labor courts.

Am I entitled to severance pay after being terminated?

Severance pay is not automatically granted in Germany unless stipulated in your contract, a collective agreement, or as part of a settlement. In some cases, courts may award severance if the dismissal is found to be unlawful.

What should I do if I think my dismissal was unfair?

Contact a lawyer immediately and file a complaint with the Schongau Labor Court within three weeks of receiving the termination notice, or you may lose your right to challenge the dismissal.

Are there special protections for certain employees?

Yes, pregnant women, parents on parental leave, people with disabilities, and members of works councils are protected against dismissal except in very specific situations approved by relevant authorities.

What is a works council and what is its role in terminations?

A works council (Betriebsrat) is an employee representative body in companies with five or more employees. Employers must consult the works council before most dismissals, and failure to do so can invalidate a termination.

Can I get compensation if my termination is found to be wrongful?

If the court rules in your favor, you may be entitled to a reinstatement or, in some cases, compensation or severance pay, usually agreed upon through settlement.

What if my employment contract includes a probationary period?

During probation, employers can terminate contracts with shorter notice and lesser justification. However, discrimination or violation of statutory rights is still prohibited.

How long do I have to act after receiving a termination notice?

You must file a claim with the labor court within three weeks of receiving your termination notice. Delaying action can result in losing the right to contest your dismissal.

Additional Resources

For those seeking further assistance or information about wrongful termination in Schongau, consider contacting the following resources:

  • Schongau Labor Court (Arbeitsgericht Schongau) - Handles disputes regarding employment terminations
  • Bavarian State Ministry for Family, Labour and Social Affairs - Provides information on employee rights and legal processes
  • Local Works Council (Betriebsrat) - If your workplace has one, they can offer support and representation
  • German Trade Unions (Gewerkschaften) - Such as ver.di or IG Metall, offer legal advice and representation for members
  • Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) - Support for discrimination cases

Next Steps

If you believe your dismissal from employment in Schongau was wrongful, take the following steps:

  • Review your employment contract and termination notice carefully
  • Consult with a qualified labor law attorney as soon as possible
  • Gather any relevant documentation, correspondence, and records
  • Contact your workplace’s works council, if available, for support
  • File a claim with the Schongau Labor Court within three weeks of the termination notice

Timely action is essential, as strict deadlines apply. Seeking legal advice ensures your rights are fully protected and provides you with the best chance for a favorable outcome.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.