Can I request a severance package if my employment is terminated?
August 16, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
My name is Jenny Zellmer and I have been working as an administrative assistant in a medium-sized company for 10 years. Recently, my employer informed me that my employment is to be terminated due to restructuring within the company. I am concerned about how I will financially support myself going forward, as I live alone and have no financial security.
I have heard that in such cases a severance payment can be made to mitigate the loss of employment. I would like to know if I am entitled to a severance payment in my case and how much it could be. Are there specific requirements that need to be met in order to receive a severance payment?
Furthermore, I am wondering if there are any ways to prevent my termination or at least negotiate a better financial arrangement. Is there room for negotiation or is my employer's decision final?
I am grateful for your support and a clear assessment of my situation. I ask for your advice on how best to proceed to protect my interests and achieve a fair resolution.
Thank you in advance for your help.
Sincerely,
Jenny Zellmer
Dear Mrs. Zellmer,
Thank you for your inquiry regarding your termination and a possible severance payment. In your case, various factors may play a role in determining whether you are entitled to a severance payment and how much it could be.
In general, under German labor law, there is no entitlement to a severance payment in the case of a termination for operational reasons. However, there are various situations in which a severance payment can still be made. These include, for example, collective bargaining agreements, works agreements, or individual agreements in the employment contract. The length of service and the size of the company can also influence the amount of a potential severance payment.
In your case, after 10 years of service, it is quite possible that you are entitled to a severance payment. It is advisable to consult with an experienced labor law attorney to assess your individual situation and assert your rights. The attorney can help you calculate the amount of the severance payment and potentially negotiate with your employer.
There are also ways to avoid the termination or achieve a better financial arrangement. This depends on the specific case and whether an agreement can be reached, for example, through a termination agreement or a severance agreement. Again, the assistance of an attorney is recommended to protect your interests and achieve a fair solution.
It is important that you act quickly and take care of your legal rights in a timely manner to avoid missing any deadlines. Therefore, do not hesitate to contact an attorney and seek comprehensive advice.
I hope this information helps you and wish you success in asserting your rights.
Sincerely,
Bernhard Vollmann
Attorney at Law
