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: 2789
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,

This answer was rated:

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

Is any of These reasons stipulated in the Termination Agreement?

Customer: replied 3 years 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.

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 3 years 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

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 and other German Law Specialists are ready to help you

Related German Law Questions