What role does the lawyer play in my dismissal protection claim?
Resignations are almost always bitter. They often trigger dismay, paralysis, anger or even sadness and disappointment - all emotions that stand in the way of elegantly representing your own interests. Neither inability to act nor rash actions (confronting the boss or similar) will help you now. We therefore strongly advise against attempting to bring an action for unfair dismissal or a claim for severance pay on your own initiative. This article explains why it is always an advantage to involve a specialist lawyer for a dismissal protection claim with severance pay. Take your time to read through these explanations - they are worth money.
Dismissal action with severance pay: Negotiation at eye level is needed here
Negotiations before the labor court are complicated. And employers are usually represented by a lawyer or have enough specialist knowledge themselves to play legal ignorant employees against the wall. This is why it is crucial for the success of a dismissal protection claim with severance pay that you negotiate on an equal footing. And this is best achieved with a specialist lawyer for employment law.
Very important: The deadlines for dismissal protection claims
Let's start with the deadlines. You have received your notice of termination. Now you need to act quickly, because the clock is ticking. Even at this point, experience suggests that it is wise to consult a specialist lawyer. They will check your letter of termination with expert eyes. It is not uncommon for employers to make formal errors. For example, notices of termination are invalid if they are sent by email or fax. Or if an unauthorized person signs the letter of termination. The specialist lawyer will then successfully declare the termination invalid.
Please note: You only have one week after receiving your notice of termination to object due to formal errors. It is best to contact a legal expert on the day of termination, or the following day at the latest.
If your letter of dismissal is formally correct, you must file an action for unfair dismissal with the labor court within three weeks. The decisive factor for calculating the time limit is not the day on which you send your letter of complaint, but the day it is received by the labor court. To be on the safe side, leave such procedures to an experienced specialist lawyer without delay. If the deadline passes, the court will grant you a two-week grace period - but in this case you must provide credible evidence that you were prevented from submitting your claim on time, for example due to serious illness.
Note: If you file your action for protection against dismissal too late, you have no chance of contesting the dismissal or obtaining a severance payment - even if the dismissal was unjustified on the part of the employer.
Action for dismissal & severance pay: No separate judicial investigation
Is it your goal to successfully represent a dismissal protection claim with severance pay? - A good idea, because in many cases the labor court reaches a settlement in the so-called conciliation hearing that the dismissed employee can live with. In fact, the rules of procedure do not require a lawyer for this conciliation hearing. You can represent yourself before the labor court and ostensibly save the lawyer's fees. Nevertheless, do-it-yourself will in all likelihood cost you dearly. That is why it is not a good idea to act on your own initiative. The employment judge will hear all the arguments from the opposing parties: the employer's and your own. No judge investigates a case independently. Only a professional, only a specialist lawyer, keeps an overview and knows which facts count and where the realistic scope for a severance payment lies. Let him weigh as much weight as possible in your favor. After all, your severance pay is at stake - hard cash.
Oral hearing: an amicable settlement is also possible here
At the end of many conciliation meetings, a settlement acceptable to both sides is reached. However, if no agreement has been reached, the next steps must be taken by a specialist lawyer. First of all, both parties to the dispute submit further written submissions to the court with arguments for and against a settlement. Your legal advisor will lay a solid foundation for the subsequent hearing. Going into the hearing without a specialist lawyer means giving away valuable augmentation material. Only a professional can maintain an overview in such a situation in order to present all aspects confidently and appropriately. This representation on an equal footing creates good conditions for you to achieve a settlement during this phase of the action for protection against dismissal.
Successful dismissal protection action with severance pay: The employer bears the court costs
If the labor court agrees with your employer and rejects your claim, all is not lost. Your specialist lawyer will check on a realistic basis whether it is worth appealing to the regional labor court. In very many cases, however, the action for protection against dismissal ends with a settlement because both parties reach an appropriate agreement at the conciliation meeting. In this case, your employer will bear the court costs.
Conclusion
Do-it-yourself can be an expensive affair in court. This is because only a specialist lawyer is familiar with the complicated practices and can put forward the right arguments. Saving on a lawyer therefore means jeopardizing the success of your severance payment; the employer will certainly only go to a conciliation hearing well represented. You should therefore think twice before deciding to forego the advice of a specialist lawyer.
