Employment law · Dismissal protection

Unfair dismissal claims, from the notice to judgment or settlement

The agent team reads the notice of termination, calculates the deadlines for filing the claim and for rejecting the notice, and checks the grounds for challenge. The claim is drafted on your letterhead, and for the conciliation hearing (Gütetermin) the team summarises the file. You review and approve.

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  • BRAO compliant
  • Data stored in Germany
  • Nothing goes out without your approval

The three-week deadline runs from receipt, but the documents arrive bit by bit

Dismissal protection cases come in large numbers and with short deadlines. The notice of termination arrives as a photo, the employment contract later and the questionnaire handwritten. By the time everything is together, time has passed that the claim needed. Whether the dismissal is valid often turns on details that are in none of the incoming e-mails.

How a dismissal protection case runs in rightflow

  1. 01

    The notice of termination, employment contract, power of attorney and questionnaire arrive by e-mail or upload, photos included. rightflow opens the file from them.

    Today
    Gather documents from e-mails and photos
    Result
    File opened with all documents
  2. 02

    Date, form, signatory and type of dismissal are read with their source. The team puts the filing deadline under § 4 KSchG to you for confirmation.

    Today
    Filing deadline in someone's head
    Result
    Deadline under § 4 KSchG for your confirmation
  3. 03

    The team checks the grounds for challenge, such as the signatory's authority to dismiss, consultation of the works council, a mass dismissal or an insolvency.

    Today
    Check grounds from memory
    Result
    Grounds listed with their sources
  4. 04

    Open questions, for example about when the notice was received, are collected and sent to you, or drafted for the client.

    Today
    Separate calls and e-mails with questions
    Result
    Open questions bundled, draft to the client
  5. 05

    The claim is drafted on your letterhead using your text blocks and One click on “Approve”, and it goes to the labour court through your beA, the German lawyers' electronic mailbox.

    Today
    Assemble the claim from text blocks
    Result
    Claim on your letterhead, filed via beA in one click
  6. 06

    Up to the conciliation hearing, the team files new mail in the case, calculates the amount in dispute and summarises the grounds for challenge, the severance range and the client's expectations for you.

    Today
    Sort mail, recalculate the value in dispute
    Result
    Summary for the conciliation hearing

What changes in the firm

Filing and rejection deadlines in the calendar

Both deadlines are calculated when the documents arrive and then tracked.

The draft claim follows the documents

As soon as the necessary documents are in the file, the team prepares the claim.

Grounds for challenge with sources

Authority to dismiss, works council consultation and mass dismissal rules are checked and backed by the source passage.

The conciliation hearing on one page

Grounds for challenge, amount in dispute, the severance range and the client's aims are summarised in the file.

For employment law firms with many dismissal protection cases

  • Firms in individual employment law, mostly acting for employees, with many cases and short deadlines.
  • Firms with a high share of legal expenses insurance cases, where the cover request and coordination with the insurer run in the file.

What the agent team handles in a dismissal protection case

Coordinating agent
  1. 01
    Taking on the client

    The team prepares the power of attorney for digital signature, the questionnaire and the request for documents. The questionnaire only asks what is relevant to the case.

  2. 02
    Reading the notice of termination

    Date, form, signatory and type of dismissal are captured, every entry with its source.

  3. 03
    Tracking deadlines and follow-ups

    The filing deadline, the rejection deadline and the date of receipt are calculated, entered in the calendar and tracked.

  4. 04
    Checking grounds for challenge

    Authority to dismiss, works council consultation, mass dismissal, social selection and insolvency are checked and assessed with sources.

  5. 05
    Recommending the next step

    From the grounds for challenge, the deadlines and the client's aim, the team proposes the next step. You decide.

  6. 06
    Preparing a rejection under § 174 BGB

    The team only proposes rejecting the notice for lack of proof of authority where it has an effect, for example because a fresh notice would only take effect a month later. The draft is ready for your approval.

  7. 07
    Cover request to the legal expenses insurer

    If the client has legal expenses insurance, the team prepares the cover request and follows up.

  8. 08
    Preparing the claim

    The dismissal protection claim is drafted using your text blocks on your letterhead.

  9. 09
    Calculating the amount in dispute

    As a rule, three months' pay under § 42(2) GKG, derived from the salary in a way you can follow.

  10. 10
    Giving notice of default of acceptance

    The letter to the employer offering continued work is ready as a draft for your approval.

  11. 11
    Keeping the client informed

    Queries and status updates are drafted and go out after your approval.

  12. 12
    Estimating severance

    A range based on the usual rules of thumb, depending on length of service and the strength of the grounds for challenge, as a reference for your negotiation.

  13. 13
    Preparing the conciliation hearing

    Grounds for challenge, amount in dispute, severance range, the client's settlement expectations and open questions on one page.

Law and case law the team knows

  • The KSchG (Dismissal Protection Act), with the filing deadline, social selection, operational reasons and mass dismissal.

  • Form and notice periods under the BGB, meaning written form under § 623, rejection for lack of proof of authority under § 174, notice periods under § 622 and default of acceptance under § 615.

  • Consultation of the works council under § 102 BetrVG.

  • Special protection against dismissal during maternity protection, parental leave and for employees with severe disabilities.

  • Federal Labour Court (BAG) case law on the typical grounds for challenge.

  • Your house rules, such as letterhead, text blocks, form of address and standard wording, which you set once.

What the team does when the file is not clear

  • The situation

    The filing deadline has already passed.

    What the team does

    The team points this out explicitly, names the open points, such as late admission of the claim under § 5 KSchG, and asks whether you want to proceed anyway.

  • The situation

    It is unclear when the notice was received.

    What the team does

    The team does not take the date on the letter at face value and asks the client when it was received.

  • The situation

    A rejection of the notice would achieve nothing.

    What the team does

    The team then does not propose one, unless it pushes the end of employment into the following month or opens a conversation with the employer.

  • The situation

    The dismissal is a special case, for example during probation, before the qualifying period has ended or after the employee had already resigned.

    What the team does

    The team flags the special case and puts it to you for a decision.

Frequently asked questions

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See a dismissal protection case in rightflow.

In 30 minutes we show you on a real notice of termination how the agent team works the file from arrival to judgment or settlement.

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