Employment Law in Lingen (Ems)
Termination, warning, termination agreement
Termination often comes unexpectedly. Fast action is crucial: the three-week deadline for a dismissal protection claim starts when the termination is received. I review your situation immediately and clearly explain your realistic options.
Services in employment law
- Dismissal protection claim (employees and employers)
- Warnings: issue, defense, removal from personnel file
- Termination agreement: review and negotiation (risk of benefit suspension)
- Fixed-term employment contracts
- Employment reference disputes
- Co-determination matters
Lingen labour court: competent for Emsland and Grafschaft Bentheim
Employment disputes from the Emsland and Grafschaft Bentheim districts are heard by the Lingen labour court. Proceedings start with a conciliation hearing, where many cases are already settled – often with a severance payment. Good to know: at first instance each side bears its own lawyer’s fees, regardless of the outcome (Section 12a of the Labour Courts Act). Legal expenses insurance often covers these costs.
When does protection against dismissal apply?
The Protection Against Dismissal Act applies if the employment has lasted more than six months and the business regularly employs more than ten employees. The employer then needs a reason related to the person, their conduct or operational requirements. In addition, special protection applies, for example, to pregnant employees, severely disabled people and works council members. A statutory right to severance pay exists only in exceptional cases; in practice it is usually negotiated.
Termination agreement: check first, then sign
A termination agreement ends the employment without protection against dismissal. Signing it without good reason can lead to a blocking period for unemployment benefit of up to twelve weeks. Have the severance payment, garden leave, remaining holiday, reference and end date checked before you sign.
Warning letters and employment references
A warning letter is usually a prerequisite for a dismissal based on conduct. There is no fixed deadline for challenging a warning in court; it is often wiser first to add a written counter-statement to the personnel file and only contest the warning in later dismissal proceedings. Which route makes sense depends on the individual case.
At the end of employment, employees are entitled to a favourable, detailed reference. Hidden coded wording, missing duties or a worse grade than deserved can often be corrected out of court – or settled as part of an overall agreement.
Frequently asked questions on employment law
By when must I challenge a dismissal?
Within three weeks of receiving the written notice of dismissal (Section 4 of the Protection Against Dismissal Act). After that the dismissal is, as a rule, deemed effective.
Am I entitled to severance pay?
Not automatically. Severance is often agreed in a settlement. As a rough guide, half a gross monthly salary per year of service is used; in individual cases it can differ considerably.
Do you also represent employers?
Yes. I advise employers on warnings, dismissals and termination agreements – ideally before any step is taken.
Book an appointment
In person in Lingen (Ems) or by video call anywhere in Germany. Describe your matter briefly – I will get back to you with a first assessment.