DIGITAL LAW FIRM FOR LABOR LAW IN STUTTGART - KANZLEI DAWOOD

Labor Law Attorney Stuttgart

Have you been dismissed or do you have questions about severance pay or a termination agreement?

Jens-Uwe and Andrea Michaelis on Google Reviews:

We would like to sincerely thank Mr. Dawood for the consistently pleasant collaboration and the great success we achieved. We always felt very well advised and supported.

Many thanks and best regards also to your always friendly and very helpful staff. We would choose your law firm again without hesitation!

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Have you received your notice of termination in the last three weeks?

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Received notice of termination? Two important tips

If your employer has dismissed you, take these two tips to heart:

You only have three weeks from receipt of the dismissal notice to respond to your dismissal. If you do not file an action for protection against dismissal within this time, your job is lost for good. Severance pay is also usually unrealistic after this period has expired. You should therefore consult a lawyer for employment law as soon as possible, who will examine your case and file a complaint if necessary.
Register with the employment agency as a job seeker as soon as possible. Otherwise, if you actually become unemployed, you may face a period of suspension of unemployment benefit I. You will then have to wait longer for your benefit. If you get in touch with me in good time, I can help you to register.

Did you know that only 12% of dismissed employees take legal action against their dismissal? Yet over 99% of dismissal protection lawsuits end with a settlement that exceeds the costs of the lawsuit many times over. Important: You only have three weeks after receiving your dismissal notice to file a lawsuit. Seek advice now and make an appointment now.

You can use our severance pay calculator to calculate in advance how high your severance pay could be.

Have you been terminated?

Have you received a contract of termination?

Your lawyer for dismissals in Stuttgart and the surrounding area

A dismissal is an emotionally stressful situation. I have been advising and representing employees who have been dismissed for many years. Thanks to my experience, I know every trick in the book and know how best to assert your interests. Nevertheless, I do not provide advice “off the peg”. At the beginning, we will discuss your personal goal in detail, which will guide my work. As a rule, this can be saving your job so that you remain employed by the company or the payment of the highest possible severance pay. This also means that you give up your job. In the event of dismissal with notice of change, you may also continue to work under less favorable conditions.

Initial assessment

Enforcement

I will represent you in all court instances
No time-consuming on-site appointments, no tedious paperwork. Communication by video call, telephone or e-mail.
No cost risk: either your legal expenses insurance covers the costs. Or at the end, the fees are offset against your settlement, which is usually a multiple of the legal costs.

I will advise you on whether and how we can achieve your goal together

In many cases, we then file an action for protection against dismissal. If you are aiming for a severance payment, it is often possible to reach an attractive agreement with the employer at the first conciliation meeting. You can rely on my strong negotiating skills. If, on the other hand, you want to keep your job, we will see the proceedings through to the end. Of course, I will keep you informed of my assessment of your chances of success.

We will also look at the numerous follow-up issues to a dismissal. These include your continued employment during the proceedings, the payment of your remaining vacation and unemployment benefits.

A dismissal is stressful enough – I will keep you free of all legal matters. You are welcome to arrange a consultation with me by telephone.

Protection against dismissal for employees - Lawyer for employment law in Stuttgart

I have been advising and representing employees who have been dismissed for many years. Thanks to my experience, I know every trick in the book and know how best to assert your interests. Nevertheless, I do not provide advice “off the peg”. At the beginning, we will discuss your personal goal in detail, which will guide my work. As a rule, this can be

Saving your job so that you remain employed by the company or
The payment of the highest possible severance pay. This also means that you give up your job.
In the event of a dismissal with notice of change, you may also be able to continue working under less favorable conditions. I will advise you on whether and how we can achieve your goal together. In many cases, we will then file an action for protection against dismissal on your behalf.
I also look at the numerous follow-up issues to a dismissal. This concerns, for example, your continued employment during the proceedings, the payment of your remaining vacation and unemployment benefit I.

A dismissal is stressful enough – I will keep you free of all legal matters and answer your questions. Please feel free to make an appointment with me.

Termination agreement not without a lawyer for employment law

Employers like to present a termination agreement instead of giving notice. In the belief that they are entering into a fair agreement, many employees willingly sign.

I advise against this! Termination agreements contain numerous risks that you should clarify. These can be in particular

The severance payment is often set far too low in the employer’s draft agreement. As a rule, your employer is dependent on your consent in order to part with you in a legally secure manner. You should therefore make your agreement dependent on an appropriate severance payment. If, on the other hand, you play your cards too high, your employer may decide to dismiss you after all.

In many cases, you may be threatened with a period of unemployment benefit suspension. You will then have to manage without benefits from the employment agency for an initial 12 weeks. In other words, you leave a lot of money on the street. I can advise you on whether and how you can avoid a suspension period.

Almost all termination agreements contain a settlement clause. In this clause, you waive all claims against your employer, unless these are specified in the termination agreement. My experience shows that many employees lose outstanding vacation or overtime pay in this way. I will protect you from this.

I regularly review, negotiate and draft termination agreements for my clients. I am happy to advise you on the contract that your employer has presented to you.

Of course, I can also assist you if you would like to propose a termination agreement yourself. This can be particularly useful if you want to change companies at short notice.

The quickest way to contact me is electronically. You are welcome to make an appointment for a consultation at short notice by booking an appointment.

Bypassing the blocking period for unemployment benefit

When concluding a termination agreement, many people fear that the unemployment benefit will be blocked by the employment agency.

A blocking period means that you will not receive the unemployment benefit you have applied for until 12 weeks have elapsed, as you are blocked from receiving unemployment benefit for the first 12 weeks. However, you will not only receive unemployment benefit later, but also for a shorter period of 9 months instead of 12 months. The reason for the blocking period is that the employment agency generally assumes that you have given up your employment relationship voluntarily and therefore unnecessarily when you conclude a termination agreement.

However, you can avoid a suspension period for unemployment benefit by drafting the termination agreement cleverly:

The termination agreement must state that the termination of the employment relationship is to avoid an otherwise unavoidable (operational) dismissal.
The termination date agreed in the termination agreement may not be less than the respective statutory notice period. This means that if your statutory notice period is three months to the end of the month, the termination date agreed in the termination agreement should not be before February 28, 2022.
The severance payment agreed in the termination agreement should not significantly exceed half a gross monthly salary per year of employment. For example, with a gross monthly salary of € 5,000.00 and a period of employment of 5 years, the severance payment should not be significantly higher than € 12,500.00.

If all these points are taken into account in the termination agreement, you can usually avoid the imposition of a blocking period for unemployment benefit by the employment agency.

To be on the safe side, it is better to resign in order to avoid a blocking period for unemployment benefit. This also applies if, for example, you have negotiated a higher severance payment or enjoy special protection against dismissal. A court settlement reached later as part of the dismissal protection proceedings – regardless of the conditions – is usually accepted by the employment agency without any problems and does not trigger a blocking period for unemployment benefit.

Did you know that a blocking period for unemployment benefit can be avoided by cleverly drafting the termination agreement?

Severance payment

Many clients have finished with their job and would like to leave in return for the highest possible severance payment. What most people don’t know, however, is that you cannot demand a severance payment per se.

Instead, you usually have to negotiate to persuade your employer to make the payment. Although employers occasionally offer severance pay on their own initiative or on the basis of a social plan, this is often set too low. Even then, negotiations are worthwhile.

You should now make it clear to your employer how much they depend on your cooperation. A unilateral dismissal is always risky for him. If you sue, in the worst case he will have to reinstate you and pay you back. With the severance payment, on the other hand, he buys your “consent” to the dismissal. Therefore, the higher your chances of success in court, the more attractive the amount your employer will be prepared to pay.

Thanks to my many years of experience, I can explain to your employer in detail why he is dependent on your cooperation. I will advise you in the background as to whether the subsequent offers are appropriate. Do you have questions about your severance payment? Feel free to contact me by telephone.

By the way: Bear in mind that you will have to pay tax on the severance payment. However, the so-called one-fifth rule reduces the tax burden somewhat. There are no social security contributions.

Warning letter - Lawyer for labor law in Stuttgart

Have you received a warning letter? What are the consequences? A warning is a reprimand that the employer issues against the employee in relation to a complaint or violation.

An employer can then issue a dismissal for conduct-related reasons. If the employer has not unsuccessfully warned the employee at least once for conduct in breach of contract, he cannot justify a dismissal for conduct-related reasons on the basis of this misconduct. The employer must therefore give the employee the opportunity to change the offending behavior before issuing an ordinary notice of termination.

Do you have questions about a warning letter? As a lawyer for employment law in Stuttgart, I can provide you with comprehensive advice on your options if you have received a warning. Feel free to call me and take advantage of my non-binding advice.

Employment reference - Lawyer for employment law in Stuttgart

An employment reference should be formulated favorably. But what does this mean? What does it mean, for example, if the regret formula is missing? Or how do you find hidden messages? Do periods of absence, such as parental leave, have to be mentioned in the reference? You do not have to accept negative assessments if they do not correspond to the facts.

You are welcome to contact my employment law firm in Stuttgart with your concerns about references. I will examine your legal options.

Part-time - Lawyer for labor law in Stuttgart

Do you want to work part-time? Employers are legally obliged to enable employees to work part-time. Within the framework of its organization, the employer must check which jobs are suitable for part-time work and must then make every effort to fill these part-time positions. According to an explicit clarification of the law, the obligation to enable part-time work also applies to employees in management positions.

Do you have questions about switching to part-time work? I will support you in enforcing your part-time entitlement. Feel free to contact me, a lawyer for employment law in Stuttgart.

Fixed-term employment contract - Lawyer for employment law in Stuttgart

Do you have questions about a fixed-term employment contract? A fixed-term contract ends automatically or without notice when the agreed termination date has been reached or when the purpose of the contract has been achieved. A fixed-term contract cannot be terminated with or without notice unless such a termination option is exceptionally provided for in an individual contract or an applicable collective agreement.

Please feel free to call me. My employment law firm in Stuttgart is available around the clock. I will review your fixed-term employment contract.

Unemployment benefit after termination agreement: avoid blocking period

A termination agreement often results in the employment agency imposing a suspension period on the employee’s unemployment benefit (ALG). Would you like to prevent this? We explain how you can receive unemployment benefit from the employment agency seamlessly after your termination agreement.

Will I receive unemployment benefit after a termination agreement?
The blocking period for unemployment benefit in the event of a termination agreement
Shortening the blocking period
How can I prevent the blocking period?
Conclusion

1. Will I receive unemployment benefit after a termination agreement?

In principle, yes.

If you lose your job and do not have a new position, you should register with the employment agency as a jobseeker or unemployed. In order to be entitled to unemployment benefit I (ALG I) from the employment agency, you must have paid into unemployment insurance as an employee for at least 12 months in the last 30 months (i.e. have been employed and subject to compulsory insurance).

However, the entitlement to unemployment benefit is not always unlimited. It depends on how your employment contract is terminated. You should pay particular attention if the employment relationship is terminated on the basis of a termination agreement between the employer and employee. The employment agency often imposes a so-called blocking period after a termination agreement. This means that you will receive less ALG I from the employment agency later and for the entire duration.

2 The blocking period for unemployment benefit in the event of a termination agreement

A blocking period can be considered in particular if you can be accused of having contributed to your unemployment as an employee (§ 159 Para. 1 SGB III). As a rule, the employment agency also assumes this when a termination agreement is concluded. This is because a termination agreement is a voluntary agreement between you and the employer to end your employment relationship. By signing it, you have (partly) caused the loss of your job and thus your unemployment. This would be different if your employer had terminated your contract.

The suspension period describes the period during which you are not entitled to unemployment benefit (ALG I). As a rule, it is 12 weeks from the end of the employment relationship. This means that you will not receive any unemployment benefit from the employment agency during this time. Overall, the period of entitlement is also shortened, as the blocking period does not result in an extension of the period of entitlement at the end.

Example: You are 30 years old. If you have paid into unemployment insurance for 24 months, you can claim unemployment benefit I for up to 12 months. If your employment ends on 31.7.2022, you are entitled to unemployment benefit until 31.7.2023. However, if your employment contract has ended due to a termination agreement, the employment agency will impose a suspension period of 12 weeks. You will only receive unemployment benefit from around November and only for nine months up to and including July.

If you are over 50 years old, your entire regular period of entitlement will be reduced by a quarter.

Example: You are over 55 years old. If you have paid in for 36 months, you will receive unemployment benefit for up to 18 months. If your employment relationship ends on 31.7.2022 due to a termination agreement, a blocking period of 12 weeks will be imposed at the beginning. In addition, you must expect the benefit to be stopped “at the end” 1.5 months before the end of the 18 months.

3. Shortening the blocking period

Under certain circumstances, your blocking period may be shortened. It does not hurt to explicitly point this out to the employment agency, as they sometimes overlook this.

The period may be shortened if your employment relationship would have ended in the near future anyway, for example due to a notice of termination that has already been issued, your retirement or a time limit in your employment contract.

If your employment contract would have ended in 6 weeks anyway, the suspension period is reduced to 3 weeks.
If your employment contract would have ended in 12 weeks, the blocking period is reduced to 6 weeks.

A reduction is also possible if the regular blocking period of 12 weeks would represent a particular hardship for you.

Example 1: You pre-empt the dismissal of a colleague by signing a termination agreement and giving up the job in favor of your colleague. This is possible, for example, if your colleague was already scheduled for dismissal and you could hardly have been dismissed due to your special protection against dismissal, for example as a pregnant woman or severely disabled person.

Example 2: You sign a termination agreement because you had the prospect of a new job, but this unexpectedly falls through.

Example 3: The Federal Employment Agency has incorrectly informed you about the blocking period and you therefore assumed that you would not be subject to a blocking period when you signed the contract.

Similar effects to a shortening occur when you irrevocably agree to a release period in the termination agreement – even if you continue to be paid. Employers often propose a release period themselves because they want to prevent you from appearing at work until the end of your contract (due to trade secrets, personal disputes, etc.). In these cases, the blocking period begins to run from the first day of your release.

4. How can I prevent the blocking period?

It may be possible to completely avoid the blocking period after a termination agreement. There are essentially two solutions to consider:
Either there is an important reason, or you end the employment relationship through a court settlement.

Good cause for a termination agreement

On the one hand, there is good cause if the termination agreement is the only option and no other course of action was reasonable. This is the case, for example, if

you have been subjected to psychological pressure, bullying or sexual harassment at work.
the work expected of you violates legal provisions, e.g. occupational safety regulations in labor law.
the work task is necessary for health reasons.
the termination of the contract of employment is necessary to ensure the care of your child.
the company is facing insolvency.
your remuneration as an employee was significantly too low (guideline: more than 20% below the applicable collectively agreed wage of the local pay).

Another good cause could be that you would have been dismissed anyway, and the termination agreement merely allows you to forestall your dismissal. However, you must have definitely been threatened with dismissal; a mere rumor is not enough. Furthermore, the termination agreement should state that you would have been dismissed if you had not signed it.

In addition, a number of other requirements must be met:

If the threatened termination were to occur, the employment relationship would have ended at the same time or earlier than the termination agreement. The termination agreement must not bring forward your exit in comparison to the termination.
There must be at least your notice period (usually according to § 622 BGB) between the signing of the termination agreement and the end of the employment contract. This ensures that the theoretical notice period would have been observed.
You must not have been “non-terminable” as an employee (e.g. due to pregnancy or membership of the works council).
The hypothetical termination must be based on personal or operational reasons and not on your misconduct. The termination agreement should also mention that it is being concluded to avoid such a termination.

These conditions are relatively easy to meet. More often, difficulties arise from these two requirements in labor law, one of which must be met:

The threatened termination would have been lawful and you avoid objective disadvantages through the termination agreement (e.g. you receive a severance payment in the termination agreement that you would not be entitled to in the event of termination).
Or you receive a severance payment of up to a maximum of 0.5 gross monthly salaries for each year of the employment relationship. In this case, it does not matter whether the employer’s threat of termination would be lawful.

The burden of proof for the important reason lies with you. In this case, you should therefore seek legal advice on labor law. Because as soon as you sign the termination agreement, you lose your protection against dismissal and possibly parts of your unemployment benefit.

Court settlement

A court settlement often has the same effects as the agreement of a termination agreement. The only difference is that the Federal Employment Agency does not impose a blocking period after it. But how does this court settlement come about?

It is important that you do not sign the termination agreement.
You wait until you have been given notice and then file a lawsuit against it at the labor court within three weeks.

At the court hearing, the aim is to negotiate a court settlement. To do this, you offer to withdraw your complaint. In return, you demand that the employer pay you compensation and provide you with a good reference, for example.

You will also need legal support for a court settlement. This is because it is not without risk. You should assess whether your employer will really agree to the settlement. Otherwise, if the termination is lawful, you will end up leaving the company without severance pay. With the support of an experienced labor lawyer, you can minimize this risk and usually achieve more favorable settlement terms.

You and your employer must not give the Federal Employment Agency the impression that you have colluded in order to circumvent the waiting period.

5. Conclusion

In principle, the Federal Employment Agency imposes a waiting period for unemployment benefit after a termination agreement.
This waiting period is usually 12 weeks and is not added back on at the end of the benefit period.
Overall, the duration of unemployment benefit claims is usually reduced by at least a quarter.
In exceptional cases, the blocking period can be shortened.
It may be possible to avoid the blocking period altogether. To do this, you must either demonstrate good cause or a court settlement must be reached.
Consider whether you would like to seek the support of an experienced labor lawyer or whether you feel confident enough to navigate labor law on your own.

Kanzlei Dawood – Your digital law firm for labor law in Stuttgart

Kanzlei Dawood, the digital law firm, is a highly specialized labor law firm based in Stuttgart. Why digital? Because I am convinced that digitalization greatly facilitates your access to justice. At best, my advice will help you to obtain a right that you would otherwise not have claimed.

Digital does not mean anonymous! Personal contact is an essential part of my advice. I want you to feel that you are in good hands, not only with your labor law issues.

As a specialist or manager, you will find me to be an experienced and empathetic lawyer who will represent your interests consistently and strategically in the event of a conflict. My law firm advises employees on all aspects of termination, severance pay or termination agreements. I will represent you in unfair dismissal proceedings before all labor court instances.

Kanzlei Dawood

Stuttgarter Str. 22
71263 Weil der Stadt

☎️ +49 7033 6923 115 arbeit@kanzleidawood.de