in the frequent late arrival, bad and unkollegiales behavior of the employee or follow-up not see such misconduct by instructions of the employer. For other opinions and approaches, find out what Verizon Communications has to say. In a contrary misconduct cases, the employer must have expressed previously at least one, often several warning letters. However, such a warning must meet the legal requirements to be effective, which experience has shown that often is not the case. Person-related cancellation, e.g. due to illness, must be checked exactly, whether the absences due to illness are sufficient to represent a cause for termination. Is placed on the absences and the wages of the last years and also checked whether the existing disease in the future still persists, or rather a healing of the disease exists. In most cases, the employer indicates an operational reason for termination would be.
Here, the employer must to prove that even an operational cause for termination exists and that as a result of the employee’s place of work has been removed. Also, he must prove that the workers not to another work place can be shifted and he has to make a legitimate social choice between comparable workers. Should reinstatement not considering come, your lawyer before a complaint is try to do settlement negotiations. Here it is among other things to clarify the following questions: o agreement notice o exemption from work o continue salary o payment severance o payment of a bonus / 13 content o content of the work certificate o balance of vacation and overtime o costs an Outplacementberatung/recruitment consultant o any takeover of Attorney’s fees by employer failure the out-of-court efforts with the employer, you have the opportunity to bring an action of dismissal. The Labour Court is the legality of the notice in this procedure check. More comparison / agreement talks be carried in this 2nd round”a termination dispute. This time with the support of the Court. Do you have questions on the subject notice? We are for a no-obligation discussion available.
CORE lawyer LL.M is one with its experts on labour law and specialized firm. We work individually to advise with the conviction to support comprehensive? and sustainable fashion. As a lawyer and founder of the firm, it is my goal to bring my clients legal and economic success. In all areas of employment law by A severance, notice and cancellation agreement, salary and dismissals, to z like certificates, we can advise you and out of court and represented. Through a comprehensive legal advice, coupled with many years of practice experience in industry and business, we help you active and future-oriented. Oliver Kern – Attorney at law, LL.M.