How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask hhvgoetz Your Own Question

hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1796
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
48877684
Type Your German Law Question Here...
hhvgoetz is online now
A new question is answered every 9 seconds

I am a US citizen hired in Germany under a German contract,

Resolved Question:

I am a US citizen hired in Germany under a German contract, on Jan 1st 2012. I was told that my position has been eliminated in Germany and presented with a Termination Agreement on Dec 22nd 2012. I have signed the agreement. However, I recently noticed that the company is now hiring for a position that exactly describes my previous position (the one that they claimed they were eliminating). Can I take this company to court under German law?

Thanks,

Ryan
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Is any of These reasons stipulated in the Termination Agreement?

Customer: replied 1 year ago.

No, the only reason I was laid off was that they were downsizing the organization and decided to eliminate my position. I was told that there were no other positions available in Europe that suited me. And then I find a job posted in Germany for a Project Manager Service RE EMEA (Germany), with a very similar description to my previous position. My previous title was Senior Manager, Projects and Service EMEA, with a very similar job description.


 


Under German law it is my understanding that they cannot fire me without good cause. I was a very high performing employee and was never reprimanded for anything during my 1 year of employment with this company.

Expert:  hhvgoetz replied 1 year ago.

The issue is that they did not fire you. You signed a Termination Agreement. There would only be a Chance to get rid of that Agreement if the Basis of the Agreement (Job not longer available) could be proved. This will usually only be possible if stipulated in the Agreement itself.

 

Additional info:

If they fire you, you have to file a Claim at court within 3 weeks from receiving the Termination notice. So it ist extremely important to ask a lawyer at once when you receive such a notice.

 

I'm sorry not being able to give you any more positive Information.

 

Regards

Customer: replied 1 year ago.

...thanks for the response. However, the Termination agreement states clearly that: "The terminiation is necessary for operational reasons. The strong drop in orders in the past few months has led to an reduced demand of employees; as a consequence of this your position is eliminated. As we do not see any alternative opportunity for you, corresponding to your position as Senior Engineering and Project Manager for EMEA, we are unfortunately in the situation to have to give notice of termination to you."


 


This is in clear contradiction to the job posted in the German office for a Project Manager Service RE EMEA (Germany) ?


 


Thanks,


 


Ryan

Expert:  hhvgoetz replied 1 year ago.

This was my first question!

Please contact immediately a local lawyer doing Labor law.

I think you can challenge the contract on the Basis of malicious deception (arglistige Täuschung, § 123 BGB).

This requires immediate Action!

 

 

Please make sure to save the new Job description!

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1796
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and other German Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • RA Schiessl

    Attorney

    Satisfied Customers:

    13
    Attorney-at-law with more than 16 years of experience - board certified specialist.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/RASchiessl/2013-3-18_10659_1.64x64.JPG RA Schiessl's Avatar

    RA Schiessl

    Attorney

    Satisfied Customers:

    13
    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • http://ww2.justanswer.com/uploads/SC/SchiesslClaudia/2013-11-27_153731_unnamed2.64x64.jpg legal eagle's Avatar

    legal eagle

    Attorney

    Satisfied Customers:

    548
    20 years of experience in all kinds of law, especially employment law and family law.
  • http://ww2.justanswer.com/uploads/HH/hhvgoetz/2012-9-26_165512_DSC05932KopieKopie.64x64.JPG hhvgoetz's Avatar

    hhvgoetz

    Rechtsanwalt, LL.M.

    Satisfied Customers:

    95
    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • http://ww2.justanswer.com/uploads/a.merkel/bwbilda.jpg a.merkel's Avatar

    a.merkel

    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    62
    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor