Employee
| Termination, termination agreement and warning
You have received a notice of termination, a termination agreement or a warning from your employer. Especially in the event of termination, it is advisable to contact a lawyer who specializes in labor law, at least for an initial consultation. Many mistakes can be made, especially when it comes to dismissal protection claims that have to be filed within three weeks. Most of the time, this means that the chances of receiving a high severance payment are reduced or, in the worst case, no severance payment can be achieved at all (you can find out more about the topic of severance pay further down on this page).
We can draw on a wide range of experience when it comes to unfair dismissal claims and can therefore help you achieve the best results.
- years of experience
- experienced litigators
- personal advice and support for your case
| Severance pay
In principle, you have no legal right to severance pay. In most cases, however, an employer still pays severance pay to minimize the legal risks. In our experience, many employees leave money on the table when it comes to termination agreements and terminations with regard to severance payments.
A severance payment is primarily a matter of negotiation and we have great experience in this. We will make the legal risks clear to you and give you a reliable assessment of the amount of your severance payment.
- personal case advice
- many years of experience in severance negotiations
| Examination of employment contracts
Employment and service contracts are usually the basis for the contractual relationship. Errors in certain formulations can have detrimental effects and cost money.
We therefore draft, check and negotiate employment and service contracts based on current case law. A good employment or service contract can prevent many legal disputes.
- current case law of the Federal Labor Court
- transparent costs
| Cost
An initial telephone call of up to 30 minutes is free.
Like all lawyers, we generally bill in accordance with the Lawyers' Remuneration Act (RVG). The amount of our remuneration is then based on the so-called amount in dispute. As a rule, we can say exactly what costs you will incur for your case right from the start. If you have legal protection insurance, this will usually cover the costs.
We also have the option of advising and representing you on a fixed hourly rate. We would be happy to explain to you in the first conversation what advantages and disadvantages each remuneration option has.
- full cost control
- transparent communication
| Questions and answers about costs
No, a specialist lawyer is generally no more expensive than a “normal” lawyer. The same statutory fees apply to specialist lawyers as to lawyers without a specialist license.
As a rule, the costs for the first consultation are up to 190 euros plus VAT. In this conversation, the client finds out whether a lawsuit is recommended, what the best course of action is and what the chances of success are. For further advice, a remuneration agreement will either be concluded or billed according to the RVG.
A short initial consultation (lasting up to 15 minutes) is usually free of charge (at least that's the case with us).
A lawyer's fee is generally based on the statutory remuneration of the Lawyers' Remuneration Act (RVG). Another option is a remuneration agreement between lawyer and client.
The legal fees in employment law are based on the value of the matter or the value of the dispute. That is the value of what the parties are arguing about. In the case of a dismissal protection claim, the amount in dispute is usually three gross monthly salaries (see below). The higher the value of the item/dispute, the higher the court and lawyer fees.
The item value describes the value that is at stake. If there is a dispute about the payment of a certain amount of money (e.g. a claim for overdue overtime pay), the value of the item corresponds to the payment claim.
For claims that cannot be quantified in money, there are certain rules according to which the value of the item is determined. The amount in dispute in a dispute about, for example:
| the effectiveness of a termination: | 3 gross monthly salaries |
| the effectiveness of a time limit: | 3 gross monthly salaries |
| the justification for a warning: | 1 gross monthly salary |
| the obligation to provide evidence: | 1 gross monthly salary |
If you know the value in dispute, the lawyer's fees are calculated depending on what activity he carries out according to the order.
The specific costs for each agreed task are then x times the legal fees. The Lawyers' Remuneration Act (RVG) regulates how each task is billed.
The lawyer receives, for example:
- 0,1 to 1,0 times the consulting fee,
- 1,3 times the procedural fee when filing a lawsuit,
- 1,2 times the appointment fee for representation in court.
If the process is then ended by a judgment, the lawyer can charge 2,5 fees, namely a procedure fee (1,3) and an appointment fee (1,2). The exact lawyer's remuneration can then be determined using the fee table. In addition, the lawyer receives a flat rate of EUR 20,00 for postal and telephone costs as well as 19% VAT.
If it is an out-of-court procedure or a procedure before the labor court (1st instance), each party bears its own legal costs, regardless of whether it wins or loses. In proceedings before the State Labor Court (2nd instance) and the Federal Labor Court, whoever loses bears the costs.
If the legal dispute is ended through settlement, there are no court fees for proceedings before a labor tribunal. Otherwise, the same rules apply to court fees as to statutory attorney fees. They depend on the amount in dispute and the “activities” of the court (disputed final judgment, default judgment, withdrawal of the lawsuit, dunning proceedings, etc.). In addition, any expenses incurred (e.g. for witnesses) may be added.
If court fees arise, they must be paid by the person who loses the lawsuit. In the event of partial victory/loss, the costs will be distributed proportionately among the parties.
If you have low income and assets, you have the option of applying for legal aid (or advisory assistance). However, this depends on the individual case.
If the client has taken out legal protection insurance in a timely manner, this will cover a large part of the court and legal costs incurred in individual cases. However, a confirmation of cover must be obtained beforehand.
