How to enforce your rights
When you are given notice, as an executive employee, you can either accept it or you can seek a judicial review. This occurs in the process of a dismissal protection suit.
You should definitely consider filing suit
When you file dismissal protection suit, the court has to review the termination for its legal validity. Your chances are good. Your employer must, in addition to the provisions of the Employment Protection Act, also adhere to other standards, for example those set by the industrial constitution law. But beware: You only have 3 weeks to file suit from the day of notice! That is why our labor law firm offers a special service: We assure that you will have a consultation within 48 hours.
About default of acceptance wage and continuation of employment petition
If a termination is valid, the employment ends (in some cases retroactively). If the dismissal is void, then employment has, without interruption, continued. You are then entitled to the interim wages – the default of acceptance wage. A continuation of employment claim only exists under strict conditions. Nevertheless a continuation of employment request can be worthwhile. It is an effective leverage tool during a dismissal protection suit, if filed at the right time and in the right way. We will gladly advise you about your options in this regard.
About dissolution petition and compensation claim
If the dismissal protection suit is successful, a return to the firm remains questionable. This is particularly true when the employer has permanently destroyed the mutual trust. In that case a return is not reasonable. As executive employee you can then file for a dissolution petition. If granted the employment is terminated and the former employee receives a severance pay. Incidentally: Only in this case are you legally entitled to a severance pay. Thus it largely depends on the negotiation skills of your representative, whether or not you receive a severance pay and how much compensation will be awarded.
What you need to consider
Attention: Adhere to the 3-week deadline for dismissal protection suits. The deadline begins with the receipt of the written notice. Also important: Additional measures are only permitted during the first couple of days after termination (such as rejection of termination for failure to display representation). Do not hesitate to make an appointment with our labor law firm, to have your claims reviewed.
Deadlines, stipulations, limitations: Labor law is complex, but as an executive employee you enjoy legal protection. Use it when it becomes necessary. As a specialized law firm in the field of labor law we can advise you with all questions related to labor law.
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