Is the following termination legally effective?
Hello dear readers,
I have a legal question regarding the termination below, with a brief summary of the facts.
Termination of employment
Dear…
We hereby terminate the employment relationship with you with due notice as of
February 28, 2025
caringly at the earliest possible date.
We hereby release you from work immediately and irrevocably.
Any existing overtime or vacation days will be offset against the time off.
The termination is purely for operational reasons.
-> This is a small business whose business is not in dire straits.
-> The terminated position must actually be filled urgently
-> AN was sick throughout January.
-> Last day of illness 01/23/25 / Written notice 01/24/25 via registered mail.
Is this termination legal?
I would be very grateful for any helpful answers.
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As a low-swelling point of contact from the Federal Ministry of Labor and Social Affairs, there is the public telephone on the subject of labor law 🙂 030 221 911 004
https://www.bmas.de/DE/Service/Contact/Buergertelefon/buergertelefon.html
The company attorney is the best contact person.
I just wanted to know for the first time whether the termination has its order as described. Everything else would then be guided in the way.
The company attorney? Surely not!
I advise you to let a specialist lawyer for labor law advise you on how to proceed.
Okay, thanks for your advice 🙂
In principle, unless there are any other termination periods, the termination would not be contested.
Other information is missing:
Thank you for your answer.
Relationship since 01.11.23
AN = 6
The notice period is not the problem. Rather the justification.
There is no termination protection. The termination would have without justification can take place.
You could – probably without success – complain to the labor court.
please
Oh, yeah. I didn't know. Then thank you for your helpful contribution! That's what the subject did.
Oh, okay. May I ask why in this case there is no protection against cancellation?
You're wrong in a public forum. No legal advice may be provided here. The statements therefore always have the status of expressing opinion without claiming legal validity.
A valid statement can and can only be given to you by a lawyer.
Ui, that's not what it meant. I guess I was wrong. I didn't want legal advice. In fact, only an opinion about the facts of the termination.
But thanks for the hint😊. I will take care of it in the future.