Will my legal fees be reimbursed if I win the case?
No, each party bears their own costs, even if you win the case. This is stipulated by law.
What are the chances of success in an unfair dismissal case?
This depends on the circumstances of your case, such as whether the dismissal was formally correct or if there are special protective rights. A precise assessment can only be made after reviewing the individual case.
Can I continue working during the unfair dismissal proceedings?
In general, you can continue to work until a final decision is made if you have not been released from your duties. However, the employer is not obliged to assign you tasks.
How long does an unfair dismissal case take?
The duration varies; on average, a case takes between 3 and 9 months, depending on the court's workload and whether settlements are reached.
What happens if I lose?
If you lose the case, the dismissal remains valid. You will bear your own legal and court costs.
What if I am sick during the proceedings?
If you are sick, court dates can usually be postponed. Inform your lawyer early so that a timely application can be made.
Can I still receive unemployment benefits after a dismissal?
Yes, even during ongoing unfair dismissal proceedings, you are generally entitled to unemployment benefits. Registration with the employment agency is required.
Do I have to accept a settlement if one is offered?
No, you are not obliged to accept a settlement. However, your lawyer will advise you on a decision that is in your best interest.
What documents does my lawyer need from me?
Important documents include the dismissal letter, employment contract, pay slips, and any other relevant documents, such as warnings.
Can my employer dismiss me again during the proceedings?
Yes, this is possible. However, the new dismissal can also be contested if it is invalid.
What deadlines do I need to meet?
The lawsuit must be filed within 3 weeks of receiving the dismissal. If you miss this deadline, the dismissal is considered valid.
What happens if I find a new job during the proceedings?
This does not affect the proceedings themselves. The process can continue, for example, to seek severance pay.
Can I change my lawyer if I am dissatisfied?
Yes, you can change your lawyer at any time. However, be aware that this may incur additional costs.
What are the costs of an unfair dismissal case?
The costs are based on the value in dispute, which is usually equivalent to 3 months' salary. Your lawyer can provide an exact cost estimate.
Is mediation worthwhile?
Mediation can be worthwhile if both parties are interested in a quick, amicable solution. However, it is voluntary and must be accepted by both parties.
Here you can get back to the previous page.
Wir benötigen Ihre Zustimmung zum Laden der Übersetzungen
Wir nutzen einen Drittanbieter-Service, um den Inhalt der Website zu übersetzen, der möglicherweise Daten über Ihre Aktivitäten sammelt. Bitte überprüfen Sie die Details in der Datenschutzerklärung und akzeptieren Sie den Dienst, um die Übersetzungen zu sehen.