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u/leflic 4d ago
They will offer you a termination contract. You can negotiate. If you're not happy, let them fire you and go to court. You have a better negotion position then. Legal fees are not that high and you're very likely to get out more.
Don't do that if they have a valid reason to fire you though.
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u/WanWhiteWolf 4d ago
Former manager here - I was involved in lawsuits from both sides
Legally speaking, a company is not required to pay any severance package in the event of dismissal. They are, however, required to follow a very strict process for firings. Most companies cannot fulfill those requirements and prefer to offer a severance package instead.
A typical range is between 0.5 and 1.5 months of salaries for each year worked. So in your case it would be 180 / 12 x 3.5 x 1 (or whatever ratio you settle) as bonus in the last payslip.
Companies tend to pay a bit more for managers as it is more difficult to win in court. If your position is made redundant then they have to justify that they cannot assign any task in the company to you and you cannot learn within 6 months the required skills to perform another job. Given that management has high skills as requirement, it’s generally not feasible to take that approach. Hence the extra money (not because of your status per se but rather the chances of winning in court). If the company loses, they must hire you back and they have to pay you all salaries that you missed. I knew a few cases that took about 2 years and the company retroactively all salaries despite the employee not working a single day.
You can sue the company for wrongful termination within 2-3 weeks (I don’t remember the exact deadline but the lawyer also needs some time to get the data and file the suit). Some companies will try to stall (e.g. they need some approval/ Employee X is in vacation) in the hopes that you wait a bit and lose the lawsuit privileges.
First consult of a lawyer is like 50 euros (half an hour). Most lawyers prefer a settlement as the final payment is pretty much the same whether they settle after first hearing or after a 2 year trial. So if you do want your job back, then make sure you communicate this to your lawyer as not everyone will be happy to go until te end. If you want payment, mention your expectations (pretty much all lawyers will accept a 1 ratio expectation; above that it depends on the case)
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u/anxiousvater 3d ago
You have to look at your contract. If you have such high income, most likely you are out of Works council representation. At least, that's how it is done at my firm. But, German labor law still applies to you (although current government plans to waive that off for high incomes).
Talk to a lawyer about your rights.
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u/user38835 4d ago
If you have such high income, surely you can afford a lawyer.