What legal options do I have if my employer terminates me without cause?
June 29, 2022 | 40,00 EUR | answered by Gerda Dietrich
Dear Sir or Madam,
My name is Claudia Schenkenberg and I have been working as a project manager in a medium-sized company for three years. I have always done my best to fulfill my tasks diligently and reliably. Unfortunately, my employer unexpectedly terminated my employment two weeks ago without any explanation.
I am completely shocked and do not understand why I was terminated. I have not received any warnings and my performance has always been positively evaluated in regular employee discussions. I fear that the termination may have been for personal reasons or even discrimination.
As a result of the termination, I am now facing financial and professional uncertainties. I am worried about my future and wondering if my employer even had the right to terminate me unjustly. I feel unfairly treated and would like to know what legal options are available to me in this situation.
Can I take legal action against the unfair termination and seek compensation or reinstatement? Are there steps I can take to protect my rights as an employee? I am willing to take legal action to enforce my right to fair treatment in the workplace.
Thank you in advance for your help and support.
Sincerely,
Claudia Schenkenberg
Dear Mrs. Schenkenberg,
I understand your concern and your desire to take legal action against the unjustified termination. It is important that you protect your rights as an employee and do not simply accept the situation. In Germany, there are legal regulations that protect employees from wrongful terminations and give you the opportunity to take action against them.
First and foremost, it is important to clarify whether your employer's termination was even lawful. In Germany, there is the Employment Protection Act, which sets out certain requirements for a valid termination. A termination must therefore be socially justified, meaning there must be a reason for termination that justifies the end of the employment relationship. In your case, it seems that no specific reason for termination has been given, which could indicate a potentially unjustified termination.
If there is indeed no valid reason for the termination, you could challenge the termination and seek compensation or reinstatement. In such a case, you could turn to the Labor Court and file a protection against dismissal lawsuit. The Labor Court will then examine whether the termination was lawful and whether you are entitled to compensation or reinstatement.
In such a case, it is advisable to seek advice from an experienced labor law attorney. An attorney can help you enforce your rights and support you in asserting your claims. Together with your attorney, you can plan the next steps and determine the best course of action for your case.
It is important to act quickly, as protection against dismissal lawsuits must be filed with the Labor Court within a deadline of three weeks after receiving the termination. Therefore, do not hesitate to contact an attorney immediately to protect your rights and take action against the unjustified termination.
I hope that this information helps you and wish you success in asserting your rights.
Sincerely,
Gerda Dietrich
