& Employment Practice
On this page, you
will find some information about my practice areas.
If you were asking me for a slogan to describe my employer
representation practice, I would answer "big law firm service at a
reasonable rate”. I have enjoyed substantive
this field while working for an international law firm. Therefore, I
know the particular problems German and international employers usually
have in connection with German employment law. The idea to establish my
own practice evolved as I realized that a small entity could render the
same amount of service as the big law firms do, while avoiding
excessive overhead costs. At best, I should already be involved when it
comes to drafting an employment agreement. Even more important,
however, is legal advice before giving an employee notice of
termination. Otherwise, employees are likely to prevail in dismissal
proceedings. As you are negotiating and arguing with the works council,
you might also prefer legal assistance, including a contemplated
restructuring process and intoduction of new benefits as well.
The representation of employees commences with legal advice in
connection with employment agreements. I understand, however, that
employees (particularly those with a small income) are reluctant to do
Where getting a specialized lawyer involved becomes very important,
however, is where an employment relationship develops to into the
direction of a dispute. What should an employee do if he/she receives a
warning letter, becomes affected by a change of control or simply
recognizes the working atmosphere to deteriorate? This is the time to
take personal charge, instead of leaving exclusive control of the
process with the employer.
In case of a dismissal, your lawyer should be involved as early as
possible, meaning far earlier than shortly before the commonly known
three wees period to bring a case has expired. For details, please see
my notice in case of
and mostly due to miscommunication, it may occur that the labor agency
(previously: labor office) applies an unjustified so-called prohibition
period to your unemployment benefits, be it for an allegdly negligent
loss of job or an unjustified reproach of belated job seeker
registration. In these cases, I will represent you in the
adiministrative objection proceedings and before the social courts.
Of course, employee representation also includes the representation of
executives. In this regard, it is often particularly important to be
aware of the conventions in an executive environment and of the
problems evolving therefrom.
Works Council Constitution Act (Betriebsverfassungsgesetz) provides
for many works council rights. Only a few works councils, however, know
how to make effective use of those rights. This is where the
specialized lawyer comes into play. All expenses of the works council
will regularly be born by the employer. In case of a certain conflict,
this can be derived from Section 40 (1) Works Council Constitution Act.
In case of difficult issues, however, such claim to covered expenses
exists independently of a conflict (See Section 80 (3) Works Council
Constitution Act), including (but not limited to) negotiations in
connection with a reconciliation of interests (Interessenausgleich)
and a social plan (Sozialplan).
Commercial Agents and Authorized Dealers
"employees in the broader sense", my practice also includes service
relationships with Managing Directors, Officers, Commercial Agents and
Authorized Dealers. As in case of "regular employees", I
mandantes from either side.