Severance: This is how dismissed employees come to the money

Reduction in personnel, job cuts, restructuring – employers separate from an employee, this is usually a shock for the person concerned. Then it is good if the company at least lets a severance pay to say goodbye. The employer usually does not do that voluntarily. Legal support can help. Online legal service providers come here.

Employees are not entitled to compensation if they lose their workplace. However, companies often get involved in a severance payment in order to avoid a lengthy process before the labor court. The law only indicates the possibility of a severance payment in one place, “namely if the employee waives a dismissal protection lawsuit”. Nevertheless, financial compensation remains voluntary and the amount is always a matter of negotiation. But this also applies to the employee.

With the amount of the severance payment there is a rule of thumb :. It strengthens your own position if you have performed good work over the years or have acquired knowledge and have acquired insights into the company that could also be asked by the competition. And: The employer is usually willing to spend more money for compensation if, for example, the termination is probably not up to date due to formal errors, but he still wants to detach himself from the employee.

There is also more in the case of employees who have been loyal to their company for a long time. For example, the dismissal protection law provides for up to 15 monthly salaries as severance pay if there are terminated employees over 50 years old and have at least 15 years of service.

Regardless of whether it is normal employees or managers – lawyer and entrepreneur Fabian Beulke advises on their own in severance payments: “If you are represented by lawyers, you have a good chance of negotiating a reasonable severance payment,” he says in an interview with Capital.

Employees should take care of legal assistance as soon as the termination ends up on their table. Because the period in which a dismissal protection lawsuit can be submitted is short: after receipt of the termination, only three weeks remain. During this time, employees have to work. Either they agree with the employer for severance pay and in return do without the labor court. Or you can complain and then negotiate with the employer whether you withdraw the dismissal protection lawsuit. The financial compensation payment would therefore be a kind of consideration.

“With a severance payment, the employer freely buys from the risk of having to argue in court about the termination,” explains Beulke. However, if the termination deadlined, however, if the termination deadlined without acting, the termination is considered effective. “No matter how screaming the job loss may be unjust, nothing can then be done.”

But some of the shock about the loss of job and worry about the legal fees from taking care of taking care of in good time. If you want to have your own chances of success quickly, but do not have a familiar law firm at hand and be afraid of costs, you will find it on the Internet. Online, various legal service providers and law firms offer advice for everyone who has been canceled and employees who have received an offer for the contract cancellation. You check terminations and have the case of labor law professionals assessed – often free of charge.

Similarly, the legal-tech company from Fabian Beulke. “We convey people who have problems with the employer to competent experts in labor law,” he says. Employees can have their case checked on the website and make a non -binding, telephone consultation appointment with a lawyer. If the chances are good, customers receive an offer on which conditions the lawyer will work.

If an order comes about, either legal protection insurance bears the costs, or the Legal-Tech assumes the entire risk of the legal dispute. “If our lawyers can successfully negotiate a severance payment, we receive a share in the result,” explains Beulke. If, contrary to expectations, the case is disadvantageous for the employee, everything remains free of charge. “No legal protection insurance should not prevent anyone to defend themselves against termination in good time.”