Lawyer currently are reported for labour law Alexander Bredereck, Berlin-Mitte on the subject forced termination agreements in the employment of a football player, who was tortured while in a distant League, until he signed a legal contract and a salary waiver. Such contract is of course disputable. As long as the athlete is able to prove that he was forced under torment to the conclusion of the contract, no one can out of a such a contract”rights derive. But in this country coercion is applied sometimes to move a recalcitrant workers to the signing of a cancellation agreement. Like in the movie involved too rarely. Subtle methods are applied. Some employers threatened to make also the workers in the industry. Another threatens to pull strings in the local press, so as to damage the reputation of the employee.
It is threatened with a termination without notice and with a miserable witness. How is a behavior to be legally? A wrongful threat a sensitive evil concluded contract is voidable; It says so in the law. When is a sensitive evil? And what is unlawful? The example of footballer is unique. Torture and strikes always cause the voidability of a contract. But everything below is very difficult to classify unambiguously as sensitive evil. The threat to ruin the reputation is very vague. Each individual case will be individually to judge here.
The employer is probably may threaten to tell around everywhere that he could not with the workers. He but threatening to spread reputation-damaging lies, this is probably a ground for avoidance. Tenor is that the truth not illegally can be threatening. The workers have to endure such. It is similar to the threat of an immediate termination. Current obergerichtliche decisions mean: If the employer was allowed to seriously take into consideration a termination without notice, he may threaten to move the employee to the signature. If there no reason for a termination are, then this represents an unlawful threat with a sensitive evil. The cancellation agreement completed under such circumstances would be contestable. Specialist Attorney tip workers: never sign a legal contract without obtaining the advice of a specialist. The benefits”that are offered are not in the majority of cases. Stand firm and make you at least think it over. Have checked the unsigned cancellation agreement by a qualified technician. Specialist Attorney tip employers: very often it is better the workers you want to cancel the first of all to offer a cancellation agreement (without pressure). Prey only then make a termination the employee doing, if there is a valid reason (theft, other crimes, assaults, etc.) who is entitled to a termination without notice. Should the employee sign the cancellation agreement, this is almost always a godsend for you. A cancellation agreement is vulnerable, non-heavy Court as a termination without notice. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law