GÖTZ | Attorneys at Law
Termination, termination agreement and warning notice
You have received a notice of termination, a termination agreement or a warning from your employer. Especially in the case of a dismissal, it is advisable to contact a lawyer specializing in employment law at least for an initial consultation. This is because many mistakes can be made, especially in the context of the action for protection against dismissal, which must be filed within three weeks. In most cases, these lead to a reduction in the chances of receiving a high severance payment or, in the worst case, no severance payment at all (more on the subject of severance pay can be found further down on this page).
We can draw on a wealth of experience in actions for protection against dismissal and can therefore help you to achieve the best results.
In principle, you have no legal entitlement to a severance payment. In most cases, however, an employer will still pay a severance package in order to minimize the legal risks. In our experience, many employees leave money lying around in severance agreements and terminations with regard to severance payments.
Severance pay is first and foremost a matter of negotiation, and we have a great deal of experience in this. We make the legal risks clear to you and give you a reliable estimate with regard to the amount of your severance pay.
Examination of employment contracts
Hiring of external staff
and hiring out of employees
Employment and service contracts are usually the basis for the contractual relationship. Errors in certain formulations can have a detrimental effect and cost money.
We therefore draft, review and negotiate employment and service contracts on the basis of current case law. A good employment or service contract can prevent many legal disputes.
An initial phone call of up to 30 minutes is free of charge.
Like all lawyers, we generally charge according to the German Lawyers' Fees Act (RVG). The amount of our remuneration is then calculated according to the so-called amount in dispute. As a rule, we can tell you exactly what costs you will incur for your case right at the beginning. If you have legal expenses insurance, it will usually cover the costs.
In addition, it is possible for us to advise and represent you on the basis of a fixed hourly rate. We will be happy to explain the advantages and disadvantages of each remuneration option to you in an initial discussion.
Questions and answers around the topic of costs
How are the costs calculated in labor law?
The fee of a lawyer is generally based on the statutory remuneration of the Lawyers' Remuneration Act (RVG). Another possibility is a remuneration agreement between lawyer and client.
How are attorney fees calculated in employment law?
Attorney's fees in employment law are based on the value of the subject matter or amount in dispute. This is the value of what the parties are disputing. In the case of an action for protection against dismissal, the amount in dispute is usually three months' gross salary (see below). The higher the amount in dispute, the higher the court and attorney fees.
What is the value in dispute in labor law?
The value in dispute describes the value in dispute. If a dispute is about the payment of a certain sum of money (e.g. a claim for overdue overtime pay), the value in dispute corresponds to the payment claim.
In the case of claims that cannot be quantified in money, there are certain rules according to which the value in dispute is measured. The value in dispute in the case of 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 of a warning:||1 gross monthly salary|
|the obligation to issue certificates:||1 gross monthly salary|
What fees can the labor lawyer charge?
If the amount in dispute is known, the lawyer's fees are calculated according to the activity he performs in accordance with the order.
The specific costs for each agreed task then result as X-fold of the attorney fees. The Lawyers' Fees Act (RVG) regulates how each task is charged.
The lawyer receives, e.g.:
- 0.1 to 1.0 times the consulting fee,
- 1.3 times the procedural fee for filing a lawsuit,
- 1.2 times the appointment fee for representation in court.
If the case is then concluded by a judgment, the lawyer can therefore charge 2.5 fees , namely a procedural fee (1.3) and a deadline fee (1.2). The exact attorney's fee can then be determined on the basis of the fee table .
In addition, the lawyer will receive a lump sum for expenses in the amount of 20.00 EUR for postal and telephone costs as well as 19% VAT.
Is a specialist lawyer for labor law more expensive?
No, a specialist lawyer is generally not more expensive than a "normal" lawyer. The same statutory fees apply to specialist attorneys as to attorneys without a specialist attorney license.
How much does the first consultation with an employment law specialist cost? Is an initial consultation free of charge?
As a rule, the cost of the first consultation is up to 190 euros plus VAT. During this discussion, the client learns whether a lawsuit is recommended, what the best course of action is and what the chances of success are. For the further consultation, either a fee agreement is concluded or the client is charged according to the RVG.
A short (up to 15 minutes) initial consultation is usually free of charge (at least that's the case with us).
Who has to bear the legal costs in labor law?
If the proceedings are out of court or before the Labor Court (1st instance), each party shall bear its own attorney's fees, regardless of whether it wins or loses. In proceedings before the Regional Labor Court (2nd instance) and the Federal Labor Court, the costs are borne by whoever loses.
How much are the court costs at the labor court? Is a lawsuit at the labor court free of charge?
If the legal dispute is ended by settlement, no court fees are incurred in proceedings before an employment court. 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 action, reminder proceedings, etc.). In addition, any expenses incurred (e.g. for witnesses) may be added.
Who bears the legal costs before the labor court?
If court fees are incurred, they shall be borne by the party that loses the legal dispute. In the event of partial victory/success, the costs shall be distributed proportionately among the parties.
What can I do if I can't afford a lawyer?
If your income and assets are low, you can apply for legal aid (or counseling aid). However, this depends on the individual case.
Does the legal expenses insurance cover the lawyer's fees?
If the client has taken out legal expenses insurance in good time, it will cover a large part of the court and legal costs incurred in individual cases. However, a confirmation of coverage must be obtained beforehand.