Should you sue your employer

Sue employers: reasons, deadlines, costs and procedure

If employees have the feeling that the employer's decision is illegal, they can sue. But how does that even work?

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The action against a termination must be filed within three weeks.

Sue your own employer? That sounds pretty nerve-wracking. But there are a few reasons for this - including an unjustified dismissal or warning or an inadmissibly low salary. It is important to keep an overview. What do employees need to know?

Deadlines: three weeks notice if you cancel

For example, if you want to defend yourself against a termination, you have to do so three weeks after receiving the termination. "I usually have more time for other claims," ​​explains Alexander Bredereck, specialist lawyer for labor law from Berlin. It can also be worth taking a look at the employment or collective bargaining agreement: this may contain deadlines.

Costs: The plaintiff always has to pay

In the first instance, everyone has to pay for the legal fees themselves - they do not have to be reimbursed by the unsuccessful party as is usual. "But that also means: If I win, I still have to pay the lawyer out of my own pocket," says Bredereck. However, this rule does not apply to other costs such as traveling to the appointment or an expert.

Course: First the quality appointment, then in front of the chamber

In the case of labor law proceedings, there is initially a grace period. "Settlement negotiations are regularly held here," explains the specialist lawyer. If that is unsuccessful, there is an appointment in front of the chamber. In addition to the labor judge, two honorary assessors are present here, one from the employee side and another from the employer's side. "Here, too, an agreement can still be reached."

Appeal: appeal before the regional labor court possible

If there is no agreement and a judgment is reached, an appeal to the regional labor court is possible. "As a rule, an agreement is reached here at the latest, because now you also have the appeals judge's assessment." An appeal against the judgment of the regional labor court is possible if it was admitted in the judgment. This is the case, for example, when the legal issue is of fundamental importance. In the event of an appeal, the Federal Labor Court reviews the decision of the regional labor courts exclusively for legal errors. As a rule, it is not possible to take evidence again.

Duration: In the worst case, five years until the verdict

In the Labor Court Act it says: "The procedure must be accelerated in all legal acts." The court regularly pushes for an agreement between the two parties, explains Bredereck. In the worst case and in the event of a dispute through all instances, it could quickly take five years before a final judgment is reached.
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Source: dpa

| Updated: Tuesday March 7, 2017 11:05 am