Anne Lachmund LL.M. – Employment Lawyer in Berlin
Employment Lawyer in Berlin Lichtenberg
After receiving your dismissal, you have only 3 weeks to file an action for protection against dismissal. Don’t waste time and contact us today.
- Immediate appointment scheduling
- Specialized in dismissals
- Top-rated by clients
- Action for protection against dismissal / Dismissal protection proceedings
- Review of termination agreements
- Severance and termination agreement negotiations
After receiving your dismissal, you have only 3 weeks to file an action for protection against dismissal. Don’t waste time and contact us today.
Our employment law attorneys
Employment Lawyer in Berlin Lichtenberg
- Immediate appointment scheduling
- Specialized in dismissals
- Top-rated by clients
Available now
4 steps to success
in case of dismissal or termination agreement
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You can lean back! We’ll take over from here and fight for your desired scenario.
Allenstein Legal – Employment Law Firm Berlin Lichtenberg
Employment Lawyer
For many years, we have advised and represented employees who have received a dismissal. Thanks to our experience, we know every trick and how best to assert your interests. We start by discussing your personal goal, which guides our work. In most cases, this can be the salvation of your job, so that you remain employed by the company, or the payment of the highest possible severance package. As lawyers, we represent you in dismissal protection proceedings before all labor court instances.
Initial assessment
- Non-binding initial assessment without waiting time (online).
- Personal support and legal advice at the highest level.
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Clear recommendations for further action.
Enforcement and lawsuit
- We represent you in all court instances.
- No time-consuming on-site appointments - communication via video call, phone, or email.
- The costs are covered by your legal insurance or, at the end, the fees are offset against your severance package, which is usually many times the cost of the proceedings.
Employment Lawyer in Berlin Lichtenberg
Action for protection against dismissal
For many years, as employment lawyers, we have advised and represented employees in cases of dismissal. Thanks to our extensive experience in employment law, we know every trick and how best to assert your interests. Our firm does not offer ‘off-the-shelf’ advice. We discuss your personal goal, which guides our work as lawyers. This can be:
- The salvation of your job or
- The payment of the highest possible severance package.
In the case of a modification dismissal, we examine whether and how we can achieve your goal. Often, we then file an action for protection against dismissal on your behalf. This is always advisable if you wish to continue working for your employer or if you want to achieve severance pay for the loss of your job.
Remember: hardly any dismissal is completely watertight. You are not necessarily required to be represented by a lawyer in a lawsuit. You can also file the lawsuit yourself in court. Nevertheless, we advise you to seek professional representation from an employment lawyer, as this usually leads to much better results.
we also consider follow-up issues of a dismissal, such as your continued employment during the proceedings, remaining vacation and unemployment benefits we.
A dismissal is stressful enough – we will free you from all employment law matters and answer your questions. Feel free to schedule an appointment with our firm.
Employment Lawyer Berlin Lichtenberg
Operational dismissal
The operational dismissal hits many employees hard, often despite excellent performance and exemplary conduct. The legal requirements are demanding: there must be no possibility of continued employment, and the social selection based on a point system is crucial. Errors in this selection can render the dismissal invalid.
It is generally worthwhile to take action against an operational dismissal. With our support, your negotiating position significantly improves, especially regarding severance, release from duties, an impeccable employment reference, and avoiding a waiting period for unemployment benefits. Feel free to schedule an appointment with us.
Employment Law Firm - Berlin Lichtenberg
Termination Agreement
Companies often prefer termination agreements over a dismissal. Many employees sign these seemingly fair agreements without hesitation.
However, caution is advised! Termination agreements entail considerable risks:
The severance offered in the contract is often set too low. You must agree to leave legally. Ensure that the severance is adequate, as an excessively high demand can lead to dismissal.
A common problem is a possible waiting period for unemployment benefits of up to 12 weeks. Seek advice from a lawyer to avoid a waiting period.
Termination agreements often contain clauses that oblige you to waive all claims against your employer, which can lead to losses such as outstanding vacation entitlements or unpaid overtime. Our firm supports you in minimizing these risks.
As lawyers with many years of experience, we regularly review, negotiate, and draft termination agreements for our clients to secure their rights.
If you wish to propose a termination agreement yourself, we are also at your side, especially if a quick change of company is imminent. Feel free to schedule an appointment with us.
Employment Lawyer Berlin Lichtenberg
Severance
Many clients wish to leave with the highest possible severance package. However, you cannot automatically demand severance – you usually have to negotiate it. Even if the employer offers severance, it is often too low. Negotiations are therefore always worthwhile.
Show your employer how much they depend on your cooperation. A unilateral dismissal is risky for them, as they may have to rehire and back-pay you in the worst case. The better your chances in court, the higher the amounts your employer will have to pay.
Therefore, rely on the experience of a lawyer. Through our experience, we can explain to your employer why they depend on your cooperation. We advise you behind the scenes on whether the offers are appropriate and represent your rights. Do you have questions about your severance? Feel free to contact us by phone.
By the way: You must pay tax on severance. The ‘Fünftelregelung’ (one-fifth rule) reduces the tax burden somewhat. Social contributions are not incurred.
Employment Lawyer in Berlin Lichtenberg
Formal Warning
Have you received a formal warning and don’t know what consequences threaten? A formal warning is a reprimand issued by the employer against you regarding a complaint or violation.
Subsequently, an employer can issue a behavior-related dismissal. If the employer has not formally warned you at least once unsuccessfully for breach of contract, they cannot justify a behavior-related dismissal with this misconduct. The employer must therefore give you the opportunity to change the objectionable behavior before issuing an ordinary dismissal. Feel free to schedule an appointment with us.
Achieving common goals:
In many cases, after a dismissal, we file an action for protection against dismissal. If you are aiming for severance, an attractive settlement with the employer can often be reached in the first conciliation hearing. You can rely on our strong negotiation skills. If, however, you wish to keep your job in Berlin, we will pursue the proceedings to the end.
As employment lawyers, we are familiar with current case law and can avoid costly mistakes through prior consultation.
Your Employment Lawyer in Berlin Lichtenberg
Employment Reference
An employment reference should be formulated benevolently. But what does that mean? What does it mean, for example, if the regret formula is missing? Or how do you find hidden messages? Do absences 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. Feel free to contact
us with your concerns regarding your employment reference, and we will examine your legal options.
Employment Lawyer for Berlin Lichtenberg & surrounding areas
Unemployment Benefits
A termination agreement often leads to a waiting period for unemployment benefits (ALG). Generally, you receive unemployment benefits if you have paid into unemployment insurance for at least 12 months within the last 30 months. With a termination agreement, the employment agency often imposes a waiting period of 12 weeks, which delays and reduces your entitlement.
A waiting period occurs if you contributed to your unemployment. The waiting period can be shortened if your employment relationship would have ended soon anyway or if there are particular hardship cases.
To avoid a waiting period, there must be an important reason or the employment relationship must be terminated by a court settlement. Important reasons can include bullying, health problems, impending company insolvency, or an imminent dismissal.
Consultation with a lawyer can help you find the best possible solution. Contact us to have your situation reviewed!
Allenstein Legal – Employment Law Firm Berlin Lichtenberg
Part-time
Do you want to work part-time? Employers are legally obliged to enable you to work part-time. The employer must, within the framework of their organization, examine which jobs are suitable for part-time work and then endeavor to fill these part-time positions. Following an explicit clarification of the law, the obligation to enable part-time work also applies to employees in management positions. Feel free to schedule an appointment with us to enforce your right to part-time work.
Employment Law Firm Berlin Lichtenberg
Fixed-term employment contract
You work in Berlin and have questions about a fixed-term employment contract? A fixed-term contract ends automatically or without notice when the agreed termination date is reached or when the purpose of the contract is fulfilled. A fixed-term contract cannot be terminated ordinarily or with notice, unless such a termination option is exceptionally provided for in an individual contract or an applicable collective agreement. Feel free to schedule an appointment with us.
About us
With “LACHMUNDlaw – Digital Employment Law Firm,” we offer you modern legal advice in employment law at the highest level. Benefit from our broad experience of over 15 years in the profession.
Digital does not mean anonymous: Personal support is an essential part of our advice. We want you to feel well taken care of, not just with your employment law issues. Consultation appointments are quickly and easily available, always where you need them.
We live in Berlin/Kreuzberg, am a mother of two daughters, an enthusiastic fitness fan (HIIT, running, yoga), and love discovering new places.
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Frequently
Asked
Questions
In employment law disputes, each party bears its own legal costs; i.e., even if you win in the end. Why it is still worthwhile to take action:
If you have legal insurance, it will generally cover our costs (minus any deductible). We then generally bill according to the Lawyers’ Fees Act, as only these fees are covered.
Even if you do not have legal insurance, engaging a lawyer is almost always worthwhile, as almost all disputes end with a severance settlement. We calculate our fees based on the Lawyers’ Fees Act or, in individual cases, on an hourly basis. We would be happy to provide you with a cost estimate before commissioning us, so you can better assess what to expect.
Upon conclusion of a severance settlement, court fees are also waived.
Although dismissal protection proceedings predominantly end with a severance settlement, there is generally no entitlement to severance pay. Why you can still expect severance pay in case of dismissal:
Often, there is no legally prescribed reason for your dismissal. Some employers still issue the dismissal, also because less than a third of those dismissed take action against it.
Even if there is a reason for dismissal, legal uncertainties or cost risks lead employers to prefer a settlement rather than continuing proceedings.
The labor court will also work towards a severance settlement, as this saves it from drafting a labor-intensive judgment.
It is not only your right to have your dismissal reviewed by the labor court, but it can also be financially worthwhile to take action against an unjustified dismissal.
The good thing about our involvement is that you can emotionally distance yourself from the matter, and the perceived pressure is also somewhat relieved.
We treat all matters with strict confidentiality, as we are professionally obliged to do so. Your employer is also obliged to maintain confidentiality, or it is advisable to include a corresponding clause in a settlement.
We always conduct discussions with the opposing party objectively, but firmly, and always with the goal of achieving the best possible solution for you.
Termination agreements not only carry the risk of a waiting period for unemployment benefits but often contain worse conditions than can be negotiated with legal support. We will explain what severance amount or other favorable arrangements a termination agreement should ideally include and how you can achieve these goals with legal support.
In our consultations, we repeatedly notice that there are many uncertainties when concluding a termination agreement. Employees often fear that a waiting period for unemployment benefits will be imposed by the employment agency. We will explain how you can avoid a waiting period for unemployment benefits, but also when a dismissal is the better solution for you.
If you have received a dismissal from your employer, you should not hesitate and seek legal support: After receiving a written dismissal, you only have three weeks to file an action for protection against dismissal. Almost all actions for protection against dismissal end with a severance settlement. We will explain how you can best achieve this goal with legal support and what conditions a good severance settlement should ideally include.
If you have legal insurance, you don’t have to worry about costs. Legal insurance covers both our lawyer’s fees and any court costs (e.g., in an action for protection against dismissal). We would be happy to request coverage from your legal insurance in advance, so you are on the safe side regarding costs. After the proceedings are concluded, we will bill the legal insurance directly.
Even if you do not have legal insurance, lawyer’s fees are money well invested: because with legal support, practically all actions for protection against dismissal end with a severance settlement, which usually exceeds the lawyer’s fees many times over. We will explain what severance or other advantages you can expect in an action for protection against dismissal and what lawyer’s fees will be incurred.
Upon termination of an employment relationship, employees are often paid severance. If you have worked for a company for a long time, the severance may be quite high. Most people in our consultations are surprised that less than expected remains of the negotiated severance. We will explain how severance is generally taxed and what options you have to save taxes nonetheless.