{"id":4631,"date":"2023-03-31T12:29:49","date_gmt":"2023-03-31T12:29:49","guid":{"rendered":"http:\/\/nycscreenwriter.org\/?p=4631"},"modified":"2023-04-03T11:07:31","modified_gmt":"2023-04-03T11:07:31","slug":"termination-without-cause-is-it-justified","status":"publish","type":"post","link":"http:\/\/nycscreenwriter.org\/termination-without-cause-is-it-justified.html","title":{"rendered":"Termination without cause – is it justified?"},"content":{"rendered":"
You need support in employment law? Our experts are at your side and will advise you – free of charge and without obligation. Check your possible severance pay now or request a free initial assessment.<\/p>\n
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The dismissal is probably the best known way to terminate an employment relationship. Since it usually has serious consequences for the employee, the legislator sets high requirements for the effectiveness of the unilateral termination of the employment contract. But what does it actually look like if a notice of termination is given without giving reasons?? Is a termination without cause legal? We would like to answer these and other questions for you in the following once.<\/p>\n
Use our online quick check to determine your possible severance amount or use our form for a free initial assessment. Further information on the possible severance payment amount can be found on our severance payment calculator page.<\/p>\n
In addition to the ordinary dismissal, there is also the extraordinary dismissal. But what justifies an extraordinary termination? In order for this to happen, the employer does not need a reason for termination, but a so-called important reason. Extraordinary termination rights are strictly scrutinized by the labor courts. After all, dismissal without notice can have serious consequences for the employee. The reason is important if an employee violates his or her contractually owed duties to a considerable extent. The focus is not only on work performance. Ancillary duties such as punctuality and duties of consideration can also be taken into account in this context. A classic case of termination without notice is probably the insult of the employer. Good cause for termination may also lie on the part of the employee. This is the case, for example, with serious physical or mental illnesses. In this case, the employee does not have to accept a blocking period of the unemployment benefit either. If there are such important reasons for termination without a blocking period, a corresponding medical certificate must be available.<\/p>\n
Receiving notice of termination or a termination agreement?<\/p>\n
Check now in less than 2 minutes your possible severance pay. Free of charge. Without obligation.<\/p>\n
Who signed once an employment contract, has for eternity a safe job. Is that so? Unfortunately, it is not quite that simple. But you can be dismissed without cause? If your employer wants to terminate your employment, German labor law fortunately puts many restrictions in his way. The German Dismissal Protection Act (Kundigungsschutzgesetz) plays a particularly important role here. If it applies to your employment relationship, your boss is obliged to have a reason for termination. Termination without a reason for termination is then not possible. Unfortunately, not all employees can enjoy this extensive protection against dismissal. The prerequisite for this is that you have been employed by the company for at least six months without interruption. In addition, the company must have more than ten employees. Conversely, you are not protected against dismissal if these two conditions are not met. Then your employer can give you notice of termination without cause.<\/p>\n
Ordinary termination without cause is only possible if the Dismissal Protection Act does not apply. This is the case if<\/p>\n
This means that a termination during the probationary period is possible without giving reasons. However, termination without notice and without cause is not possible. For this, the employer needs a so-called important reason.<\/p>\n
In the case of employees who are still in their probationary period, the Dismissal Protection Act does not yet apply. This is due to the fact that the employment relationship has not yet lasted longer than six months at a stretch. For this reason a notice without reason is effective here.<\/p>\n
There are two scenarios in which the employer must give a reason for termination. In the case of ordinary termination, a reason for termination must be given if the Dismissal Protection Act applies. For this, the employee must have been employed in the company for at least six months. In addition, the company must have more than ten employees. On the other hand, a termination without notice and without giving reasons is never possible. Quite the opposite. Before the employer issues a termination without notice, he must first issue an effective warning as a rule.<\/p>\n
In contrast to a contract, a termination is a unilateral legal transaction. This means that the effectiveness does not depend on the consent of another. A refusal is therefore not possible.<\/p>\n
You have been terminated? Use our online quick check to determine your possible severance payment amount or use our form for a free initial assessment.<\/p>\n
Your employer is not obliged to pay you severance pay. But how does it look like in the case of termination of employment without giving reasons? Again there is no obligation for your boss. It is therefore all the more important that you defend yourself by taking legal action against dismissal. A specialist lawyer for employment law will help you to obtain an appropriate severance payment.<\/p>\n
Receiving notice of termination or a termination agreement?<\/p>\n
Check your possible severance pay now in under 2 minutes. Free of charge. Non-binding.<\/p>\n
If you receive notice of termination from your boss, there are a few steps that should be followed. This also includes getting professional support on your side. The Chevalier attorneys at law are at your side with advice and action and get the best for you in an action against unfair dismissal.<\/p>\n
Use our online quick check to determine your possible severance amount or use our form for a free initial assessment.<\/p>\n
In which situation can we help you?<\/p>\n","protected":false},"excerpt":{"rendered":"
You need support in employment law? Our experts are at your side and will advise you – free of charge and without obligation. Check your possible severance pay…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"yoast_head":"\n