What options do I have if my employer has unlawfully terminated me?
July 15, 2023 | 40,00 EUR | answered by Nina Koch
Dear lawyers,
My name is Helma Strauss and I have been working as a Marketing Manager in a medium-sized company for five years. Two weeks ago, I received the unexpected termination of my employment contract, even though I have always fulfilled my duties diligently and have not received any warnings. My supervisor cited operational reasons as the justification for the termination, even though the company is still doing well and there are no economic problems.
I am very confused and frustrated by this unjustified termination, as I see my professional existence threatened and do not know how to proceed. My financial situation is also concerning, as I am the sole provider for my household.
What legal options do I have in such a situation where my employer has unfairly terminated me? Are there chances to challenge the termination and reinstate my employment? What steps should I take first to protect my rights and find a fair solution?
I thank you in advance for your support and advice in this difficult situation.
Sincerely,
Helma Strauss
Dear Mrs. Strauss,
I understand your concerns and frustrations regarding the unexpected and possibly unlawful termination of your employment contract. It is understandable that you are worried about your professional existence and financial situation, especially as the sole breadwinner. It is important that you know your rights and take appropriate action to find a fair solution.
In your situation, you have various legal options to challenge the wrongful termination and restore your employment. First and foremost, you should check if the termination was done formally correctly. That means if the termination was done in writing and in compliance with legal deadlines and formal requirements. If there are errors here, the termination could already be invalid for formal reasons.
Furthermore, you can also have the termination reviewed in terms of content. Economic reasons for termination must be understandable and verifiable. If your employer cannot provide economic issues that justify a termination, this could be an indication that the termination is unjustified. Also, the fact that you have not received any warnings and have always fulfilled your duties conscientiously supports your legitimacy.
To challenge the termination, you can file a protection against dismissal lawsuit at the labor court. This will review whether the termination was lawful and whether there may be invalidity of the termination. It is advisable to seek support from a specialized labor law attorney to represent your interests as best as possible.
As a next step, you should carefully collect all documents related to your employment and prepare for the labor court proceedings. Additionally, you should contact your former employer and request a statement on the reasons for the termination. It is important that you proceed calmly and objectively and document all communication in writing.
Finally, I want to emphasize that it is important not to be discouraged and to fight for your rights. An unlawful termination should not be accepted and there are legal options to address it. I recommend that you promptly seek the advice of a labor law attorney to discuss your situation and develop a strategy for your next steps.
I wish you success and am available for further questions and support.
Sincerely,
Nina Koch, Attorney at Law
