...You don't know what legal steps you should take if you are fired? Just because you have received notice of termination from your employer does not mean that such termination of your employment relationship is effective.
A lawyer can inform you about the chances of success of a lawsuit against the dismissal before the labor court, a so-called dismissal protection lawsuit.
Attorney Matti Kleibömer, born in 1985, is married and has three children. He studied law at the universities of Bochum and Leipzig and then completed his legal clerkship at the Leipzig Regional Court.
He was admitted to the bar in July 2014. Since May 1, 2021, Mr. Kleibömer has been a partner at the law firm Dr. Hempel Kleibömer Partner, legal and business advice.
Lecturer in labor law at Hof University, winter semester 2023/2024.
Case description: After four years of work. the employee was terminated without notice without giving reasons. On behalf of my client I took a case to an employment tribunal where the employer was forced to state the reason for my dismissal. The employer tried to justify the dismissal on the basis of the damage suffered as a result of the employee's unjustified absence from work.
However, the employee issued the employer's sick leave on the date specified by the employer as the basis for the sick leave. The employer also provided other dates of absence, but in the end could only prove one unexcused day of my client's absence.
I was able to argue in court that the employer was obliged to have a disciplinary meeting with the employee, but he avoided it and the meeting did not take place. Consequently, the judge questioned the validity of the decision and set it aside.
End of case: The customer has decided to go back to work.
Description of the case: Unfortunately, German labor law provides for termination of the employment relationship during the employee's recovery or illness. What is relevant in this case is whether the employee is covered by the employee's right to protection against dismissal or not. This protection is available to employees who work in companies with more than 10 employees and have been employed for at least six months.
The employer justified the termination by saying that the employee could no longer fulfill his official duties after the accident. I was able to prove in court that the reason for termination was not a medical report, but rather just the employer's assumption. On this basis, the employer was obliged to carry out a BEM procedure (company integration management). This procedure is an obligation under Section 84 (1) of the Act. 2 SGB IX, which obliges the employer to analyze the employee's health situation together with the occupational doctor in order to find an alternative position in the company that the injured employee could take. On this basis, the court closed the proceedings.
Discontinuation of the proceedings: The termination lost its legal force and the employee was allowed to work again.
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