Frequently asked questions
What clients ask us most often
Short answers to the most important questions. You will find detailed explanations on the respective topic pages.
How long do I have to challenge a dismissal?
The unfair dismissal claim (Kündigungsschutzklage) must reach the Labour Court (Arbeitsgericht) within three weeks of receipt of the written notice of dismissal (§ 4 KSchG). If you miss this deadline, the dismissal is as a rule deemed valid – even if it was in fact invalid. You should therefore contact us, if possible, within the first few days after receiving the dismissal.
Am I automatically entitled to severance pay after a dismissal?
No. A statutory right to severance pay exists only in exceptional cases, for example with a severance offer under § 1a KSchG or under a social plan (Sozialplan). In practice, however, severance payments are very frequently agreed in unfair dismissal proceedings because the employer wants to avoid the litigation risk. A rule of thumb is half a gross monthly salary per year of service; the actual amount depends on the prospects of success.
How much does employment law advice cost?
Fees are based on the Lawyers' Remuneration Act (Rechtsanwaltsvergütungsgesetz) or on a fee agreement. For an initial consultation with consumers, the fee is capped by law at €190 plus VAT. Many legal expenses insurers cover the costs in employment law matters; on request, we will submit the coverage request for you. We will tell you the expected costs before we begin work.
Who bears the legal fees before the Labour Court?
At first instance, each party bears its own legal fees – regardless of who wins the case (§ 12a ArbGG). No court fees are charged if the proceedings end in a settlement. This is why legal expenses insurance is particularly valuable in employment law.
Do you advise employees or employers?
Both. We represent employees, executives and managing directors as well as companies, works councils and public bodies. Whether we can accept an instruction is checked in advance by means of a conflict check.
Do I have to come to Hanover for a consultation?
No. You can meet us in person in Hanover or at one of our other locations, but the consultation can also take place by telephone or video conference. Documents can be sent securely in digital form. We represent you before labour courts throughout Germany.