What are my rights in the case of a termination without notice?
November 6, 2022 | 40,00 EUR | answered by Sofia Vöss
Dear lawyer,
I am reaching out to you as I urgently need advice regarding employment law. My name is Wilhelm Köhler and I have been working in the accounting department of a medium-sized company for five years. Recently, I was unexpectedly given a summary dismissal by my employer. The reason given was alleged irregularities in my accounting activities.
However, I firmly believe that these accusations are unfounded and do not reflect my work ethic in any way. I have always carried out my tasks correctly and conscientiously, and I cannot understand why I am suddenly facing a summary dismissal. This situation is causing me great concern as I rely on my income and cannot easily find a new job.
Therefore, I would like to ask you, as an experienced lawyer in employment law, for advice: What rights do I have in the case of a summary dismissal, and how can I defend myself against it? Are there any legal steps I can take to prove my innocence and defend my position? I would be very grateful if you could support me in this difficult situation and suggest possible solutions.
Thank you in advance for your assistance.
Sincerely,
Wilhelm Köhler
Dear Mr. Köhler,
Thank you for your inquiry regarding the immediate termination notice that you are facing. It is understandable that such a situation can cause great concern and uncertainty, especially if you are convinced that the accusations against you are unfounded. As an attorney specializing in labor law, I am here to assist you in this difficult situation.
First and foremost, it is important to know that an immediate termination notice is only legally valid under certain conditions. The reasons for an immediate termination must be so serious that it is unreasonable for the employer to continue the employment relationship. The accusations against you must be specific and comprehensible. Therefore, if you believe that the alleged irregularities in your bookkeeping are unfounded, you should definitely make this clear to your employer.
Regarding your rights in case of an immediate termination notice, it is important to know that you can fight against it. You have the right to have the termination reviewed by a court to determine its legality. To do so, you must file a protection against dismissal lawsuit at the labor court within three weeks of receiving the termination notice. In this process, you can prove your innocence and defend your position.
In such a case, it is advisable to be represented by an experienced labor law attorney to best protect your interests. An attorney can help you gather appropriate evidence and enforce your rights in court. Furthermore, they can also assist you in reaching possible out-of-court settlements with your employer.
In conclusion, there are legal steps available to challenge the immediate termination notice and prove your innocence. Do not hesitate to seek professional assistance to protect your rights and find a suitable solution for your situation.
I am available for further questions and support, and wish you success in asserting your rights.
Best regards,
Sofia Vöss
Attorney specializing in labor law
