My professional concentration is in comprehensive consulting surrounding the termination of employment. It starts with careful preparation based on the type of, and reason for, the severance and whether it is by mutual consent leading to a compromise agreement or unilateral in the form of a notice of termination. Here it is essential to accurately assess the options at hand and the individual interests involved, as well as to ensure that a works council hearing is duly conducted and the various formalities observed.
The multitude of sources of error, the burden of proof and documentation regarding above all the reason for dismissal, and the employers’ oftentimes inept way of proceeding put the employee in a strong bargaining position. During consultation, I often discover further irregularities still, which provide the leverage to arrive at a suitable resolution after intensive discussions and negotiations.
In the field of protection against unfair dismissal, I deal most intensively with the following areas:
- Out-of-court consultation and in-court representation in cases of termination on conduct, personal (illness), or organizational grounds
- Preparing a severance in line with the interests involved
- Assistance in formulating a compromise agreement or a settlement agreement
- Consultation in creating or examining a social compensation plan or a reconciliation of interests
- Participating in a duly convened works council hearing
- Informing clients as to the relevant formal requirements and time limits
- Negotiations regarding the modalities of termination, particularly with regard to settlements
In my work, I focus exclusively on the field of employment law. In light of the steadily increasing complexity of this legal field, with changing laws and regulations, new rulings and decisions, and the rapid developments in the working world, my high degree of specialization guarantees continuing quality of legal services. This goes especially for the closely related field of social law, not least because of the constantly evolving administrative practices of the employment agencies and the case law emanating from the social courts. After all, only by looking beyond the terminated employer/employee relationship and maintaining a holistic view of all aspects, including the employment laws, social laws, and tax laws, is it possible to set the right course for your future.
Finally, the following topics have taken on special relevance within the field of employment law:
- Drafting and examining employment contracts
- (Pseudo-)self-employment and contract work
- Temporary staffing
- Buyouts and company shutdowns
- Legality of limited-term contracts
- Parental leave and part-time arrangements
- Transfers and reassignments
- Compensation rules and bonus payments
- Claims based on collective bargaining agreements
- Drafting and evaluation of employment references
- Punitive delays in the onset of unemployment benefits
One of the main thrusts of my work is resolving conflicts at the workplace and with works councils / personnel boards. In doing so, my specialized expertise in employment law and my familiarity with current issues in human resources and the day-to-day work environment are indispensable. Comparing notes with colleagues in the German Bar Association also broadens my perspective and helps me to better understand my negotiating counterparts. Yet beyond all this, only someone who is capable of placing himself in the shoes of both interest groups and thinking from outside his own point of view can handle confrontations appropriately in order to quickly arrive at an optimal balance of all the interests concerned, thus meeting my client’s objective in the best way possible.
On the way to this goal, the following aspects are especially important to me:
- A deep understanding of the rules and regulations of employment law, as well as the respective burdens of proof and documentation
- Regular consultations with employers and employees
- Intensive contact with personnel departments and works councils
- Broad knowledge of current trends in the HR field
- Empathy, powers of argumentation, and moderating skills