What are my rights in the event of a termination due to operational reasons?
March 10, 2022 | 40,00 EUR | answered by Sofia Vöss
Dear lawyer,
My name is Jessica Brandes and I have been working as a project manager in a medium-sized company for five years. Recently, I was unexpectedly given a termination notice for operational reasons. I am shocked and uncertain, as I have not received any negative feedback on my work so far and my employment relationship has always been considered stable.
The management justified the termination by stating that due to economic difficulties, it was necessary to reduce positions. Now I wonder what rights I have in this situation and how best to proceed. I am worried about my financial security and future prospects, as I may not easily find a comparable position due to my specialization within the company.
Could you please explain to me what steps I should take now to protect my interests? Are there options to challenge the termination or negotiate a fair severance package? What deadlines should I be aware of and what documents should I gather to present my case as effectively as possible?
I thank you in advance for your support and hope for your expert advice in this difficult situation.
Sincerely,
Jessica Brandes
Dear Mrs. Brandes,
I understand your concerns and uncertainties regarding your dismissal for operational reasons and would like to provide you with some information and advice to help you in this difficult situation.
First of all, it is important to know that a dismissal for operational reasons is subject to certain legal requirements. The employer must prove that it is necessary to reduce positions due to operational reasons and that the dismissal is therefore unavoidable. A so-called social selection process must be carried out, taking into account factors such as length of service, age, maintenance obligations, and any severe disability. If you have doubts about the legality of the dismissal, you can challenge it in court.
To protect your interests and improve your chances, you should first gather all relevant documents that could be important for your case. These may include employment contracts, payroll statements, performance evaluations, as well as emails or other communications with your employer that could shed light on the reasons for the dismissal. The better prepared you are, the stronger your argument.
Furthermore, I recommend that you promptly seek advice from a specialized employment lawyer to discuss your legal options and develop a strategy for your next steps. An experienced lawyer can help you assert your rights and negotiate a fair severance package if necessary.
It is important that you adhere to the statutory deadlines for challenging the dismissal. Usually, the deadline is three weeks from receiving the dismissal. If you miss this deadline, the dismissal may be deemed valid and your chances of a successful lawsuit could be compromised.
I hope that this information is helpful to you and I am available for further questions or personal consultation. Please do not hesitate to contact me to discuss your situation in more detail.
Sincerely,
Sofia Vöss
Employment Lawyer
