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Termination of my fee agreement

Dear Mr. Lawyer,

I would like to request legal advice regarding the termination of my freelance contract.

Thank you in advance!

Best regards,

About me:
Sebastian J.
32 years old, pianist
Freelance contract for 4 years at the Palucca School Dresden, University of Dance, as an accompanist
I work with various dance teachers in different classes and am only at the school during class time.

Facts:
I did not receive any written or verbal instructions that recording with a video camera in the school is prohibited, and I did not sign anything to that effect.

The dance classes are held in groups and are led by a dance teacher and a musician. While the dance teacher dictates the individual exercises and dance sequences, the pianist must improvise the corresponding music with the appropriate rhythm.

Procedure:
In preparation for an exam on 6.5.2010, I wanted to improve my accompaniment. On Wednesday, 28.4.2010, I positioned a video camera under the piano to record the dance sequences on the floor so that I could later review them and compose new music to better emphasize the rhythmic movements of the students.

Dance teacher Mrs. Antonova arrived late to class, was on the phone, and I was unable to inform her of my intention to record with the video camera.

The children later discovered the camera, and the class continued as normal. At the end of the class, Mrs. Antonova asked me to inform her in the future before recording. I promised to do so and apologized for my negligence.

I informed Mr. Stolte, the head of accompanists, about this incident. On Friday, 30.4.2010, I had a class with Mrs. Antonova, and there was no mention of the incident.

On Monday, 3.5.2010, Mr. Stolte called me at noon and told me I was not allowed to play that week, I would be reported as "sick," and the reason was the incident with the camera. Later, I found out that the principal had a conversation with Mrs. Antonova on 3.5.2010. There was no time for a conversation with me.

The principal, Prof. Beechey, went on a business trip on the afternoon of 3.5.2010 until 7.5.2010. Out of frustration for my failed effort and anger over my behavior, I destroyed the recording.

During the week that I was banned from playing and absent from school, rumors about the reason for my absence and my person were circulating. Among other things, I was accused of pedophilia. I could not defend myself or take a stand against this.

A meeting was scheduled with Prof. Beechey on the morning of 10.5.2010. The chancellor, Mr. Strothteicher, was also present. I did not know beforehand if

Bernhard Müller

Dear questioner,

For the reason that the termination grounds are different from the recording, the situation you described does not provide any indication.

The dance teacher is probably not high enough in the school hierarchy to make a decision about termination. Therefore, she only asked you to ask for permission next time.

According to § 627 II 1 BGB, the terminating principal had 2 weeks after receiving knowledge of the termination grounds to terminate. The recording was made on 28.04.2010. The termination letter, delivered by post on 12.05.2010, was therefore timely.

The fact that spoken words not intended for public recording require permission is stated in § 201 StGB. I am of the opinion that not only the permission of the dance teacher, but also that of the legal guardians of the minor students, should have been obtained beforehand.

I do not see any obligation of the school to inform that recording without permission is not allowed.

I hope that my response was helpful to you.

Sincerely,

Bernhard Müller, Attorney

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Experte für Labor law

Bernhard Müller

Bernhard Müller

Berlin

Bernhard Müller ist seit April 2004 als Einzelanwalt tätig. Wer Streit mit seinem Vermieter hat, etwas erbt, vererben will, sich scheiden lassen will, wer Ärger mit der Polizei oder sonst ein rechtliches Problem hat, findet bei Rechtsanwalt Bernhard Müller kompetente Beratung. Im Jahr 2009 hat er 2 mal hintereinander den Jusline Kommentierwettbewerb gewonnen.

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