What to consider in the case of termination

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What can you do if you are terminated?

1. Stay calm: A layoff can be emotionally draining. Take time to process the news and sort out your feelings before taking further steps.
2. Check rights and claims: Find out about your rights and any contractual or legal claims you may have after termination, such as severance pay or unemployment benefits.
3. Seek advice: Seek advice from a specialized attorney in good time. He or she can evaluate your situation and help you decide whether it makes sense to file a lawsuit.
4. Consider negotiation options: Consider with your attorney whether an out-of-court settlement is possible. Sometimes the employer and employee can find an amicable solution that is fair to both sides.
5. Apply and Job Search: Start looking for new employment opportunities, if applicable. Update your resume and use professional networks to reach out to potential employers.
6. Seek support: Talk to friends, family or counselors about your situation. Social support can help you cope better with the situation.
7. Further training and retraining: Use the time after termination to learn new skills or retrain to improve your chances on the job market.

What are the grounds for termination in Germany?

1. Person-related termination: This type of termination is based on the employee's personal characteristics or abilities that permanently prevent the employee from properly performing his or her job duties. Examples are long-term illness, health impairments or lack of required qualifications.
2. Behavioral termination: In this case, the cause of the termination is the employee's behavior that does not comply with his or her duties under the employment contract. This includes serious violations of work instructions, repeated absences from work or gross breaches of duty.
3. Termination for operational reasons: This termination is based on operational requirements, such as economic difficulties, lack of orders, technological changes or the closure of a plant or part of a plant. This is by far the most common reason for termination. 

The employer must also comply with the statutory and contractual notice periods and consult the works council before giving notice, if such a council exists.

When is termination for operational reasons justified?

Termination for operational reasons is examined using a three-stage test: 

1st Stage: Urgent operational requirements

The employer must first demonstrate that there are urgent operational requirements that make termination necessary. This is the case if there is no longer a need for the labor of the employee concerned.

2nd Stage: Further employment opportunities

The employer must then check whether there are other vacancies in the company for which the employee to be terminated might be suitable. If such opportunities for further employment exist, the employer must make a corresponding offer to the employee concerned.

3rd Stage: Social selection

Finally, the employer must carry out a social selection. In doing so, it checks which employees could be affected by the termination. The selection is made on the basis of certain social criteria in order to ensure that the employees to be terminated are selected fairly. Typical criteria are length of service, age, maintenance obligations and severe disability.

In some cases, a social plan is agreed upon that includes provisions for severance pay, qualification measures or other social benefits to mitigate the effects of the termination.

As the owner of the firm

riemenschneider.legal

I have specialized in labor law. If you are affected by a termination, please contact me.