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ABOUT

Clayston Rechtsanwälte für Arbeitsrecht

We advise employees, companies, and works councils on all matters relating to labor law - from
individual concerns to collective bargaining agreements. With experience and strategic understanding,
we combine legal expertise with a focus on your goals to protect your legal interests.

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TEAM

labor law attorney - Pascal Nagorny
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Pascal Nagorny - labor law attorney

Pascal Nagorny  _labor law attorney nagorny@clayston.com +49 40 480 639 77 LinkedIn

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labor law attorney - Mercedes Budziak
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Mercedes Budziak - labor law attorney

Mercedes Budziak  _labor law attorney budziak@clayston.com +49 40 480639 14 LinkedIn

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labor law attorney - Christoph Bienwald
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Christoph Bienwald - labor law attorney

Christoph Bienwald  _labor law attorney bienwald@clayston.com +49 40 480 639 45 LinkedIn

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FAQ

1. I have received a notice of termination – what should I do now?

Do not wait – act immediately. From the day you receive the termination notice, a three-week deadline begins to file a wrongful dismissal claim (“Kündigungsschutzklage”) with the labour court. After this period, the termination becomes final and your employment will end on the termination date. Therefore, contact an employment lawyer as soon as possible to assess your chances of continued employment or a severance payment.

2. Can I challenge a termination, and what deadlines must I observe?

Employees are protected under German dismissal protection law after six months of employment and if the employer has more than ten employees. Whether the termination is socially justified will be reviewed individually. Even in small businesses (fewer than ten employees) or in cases of shorter employment, a termination can still be invalid.
The crucial point: the wrongful dismissal claim must be filed within three weeks from receipt of the termination notice.

3. My employer wants me to sign the termination – am I required to do so?

No. You are never obligated to sign a termination notice you have received. Do not let yourself be pressured. Instead, contact an employment lawyer in Hamburg. You can use our contact form or call us at the number listed above to discuss your case.

4. Do I have to sign a termination agreement (Aufhebungsvertrag) immediately?

Never sign a termination agreement hastily. Such an agreement can have serious consequences, particularly regarding unemployment benefits, as it may trigger a blocking period (“Sperrzeit”).
Have the agreement reviewed by an employment lawyer beforehand to check whether the offered terms (e.g. severance, release from duties, reference letter) are fair and whether any disadvantages arise for you. Do not let an employer’s deadline pressure you – instead, seek legal advice immediately.

5. Do I have to sign a settlement agreement (Abwicklungsvertrag)?

Employers often offer a settlement agreement after issuing a termination. The same applies here as with a termination agreement: do not sign anything without first consulting an employment lawyer.

6. What are the consequences of a warning (Abmahnung), and can I challenge it?

A warning is a formal reprimand by your employer. It highlights alleged misconduct and warns that a repeat could lead to termination. You should not simply accept a warning.
If it is unjustified or factually incorrect, your lawyer can prepare a written response (counterstatement) and request that the warning be removed from your personnel file. Legal review helps determine the right strategy and prevents further disadvantages. Often, a warning is the first step toward termination.

7. I don’t live in Hamburg – can I still get legal advice from you?

Yes. As employment lawyers based in Hamburg, we advise and represent clients throughout Germany.

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BLOG

blog - labor law
labor law blog

Here you will find interesting insights into the legal matters we deal with.
From the perspective of our colleagues.

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CONTACT

Clayston lawyers Hamburg - labor law

Clayston Hamburg  Lehmweg 17 20251 Hamburg +49 40 480 639 0 mail@clayston.com

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Please feel free to contact us with your enquiry.
We will respond to your enquiry immediately and provide you with a free initial assessment.

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