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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11469
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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I received a signed job offer in Berlin from a company. They

Customer Question

I received a signed job offer in Berlin from a company. They asked that I spend a great deal of time familiarizing myself with the product and area before starting. I turned down 2 other job offers because I accepted this one. Then 2 weeks later, someone from the company called who I have never meant or heard of and said he was rescinding the offer. I have spent money and time getting a work permit, turned down the only opportunities I had, and spent much time learning the things they requested. I would like to know if in Germany, I would be able to sue them for rescinding the offer, prior to my first day and for no cause, without compensating me?
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,


Thank you so much for using Just Answer.

If you are entitled to some compensation may depend on what exactly you agreed upon.

You said something about a signed job offer.

Would you please live me some more details?

Thank you
Customer: replied 1 year ago.

It was for the position of property consultant. They made me a written job for for the position, and an official start date of May 1st. It required that I applied for my work permit for self employment and learned the properties prior to my start date. It was to sell apartments here in Berlin at their properties. They gave me both both a signed job offer and verbal agreement. I have already fulfilled a large part of the agreement by spending a great deal of time completing the requirements to be done by May 1st. The also gave me a log in to their web site and said to study the properties for the next month, which I have done. This too took up my time. In the US, this would be considered a breach of contract by them. However, in Germany, I do not know if this is considered the same or how to go about seeking compesation.

Expert:  legal eagle replied 1 year ago.
Dear Customer,

thank you for your response.

Yes in Germany that would be considered a breach of contract as well but it all depends on the exact content of the contract and the verbal agreement.

The verbal agreement you would have to prove.


So could you mail me the contact and tell me more about the verbal agreement.



My mailaddress is:



ClaudiaMarieSchiessl( at) googlemail( dot) com


thank you
Customer: replied 1 year ago.

I sent the info, did you receive it?

Expert:  legal eagle replied 1 year ago.
Dear Customer,

thank you for your response.


The written job offer in itself may not be sufficent because it only states the intention of a co-operation. ( wollen)

Bur in connection with all the circumstances I would consider it a legally binding pre- contract.

Was anything said about how much money they would pay you ?
Customer: replied 1 year ago.

The commission is 2 to 3 percent of each sale. As in the job description provided, which was their statement, I was also told this would be over 100k per year. And although I had not started working out of the office yet, I was already performing the job duties as required by them. Such as gaining the knowledge of the area and studying their website, as well as paying and applying for the correct work permit.

Expert:  legal eagle replied 1 year ago.
Dear Customer,


yes if the job descripton was agreed upon as well as the money you would be paid and you were also given the task of getting to know your workplace
youa have a contract that is legally binding even is was sot signed


You may get financial compensazion but only until the time the employer would have the possibility to terminate the contract, mostly two weeks

Because the damage you can demand as compensation is the mones you would havw gor by fulfilling the contract and the employer has the possibiity to terminate a contract within a certain time mostly a fortnight or a month.



If I have helped I would very much appreciate getting positive feedback



Customer: replied 1 year ago.

ok, and how would you suggest I go about pursuing them for the money?

Expert:  legal eagle replied 1 year ago.
Dear Customer,


write to them first and explain the legal situation and the breach of contract which results in having to pay compensation according to § 280 BGB.

Then you calculate the damages you have suffered, i.e. the time you have spent studying the properties ( depending on how much per hour is usually charged), the fees for applying for the work permit and so on



Then you set a deadline and threaten to sue them before employment court






If I have helped I would very much appreciate getting a positive feedback
Expert:  legal eagle replied 1 year ago.
Dear Customer,


Have you got any further questions?


Please Be my guest


If Not I would very muchnappreciate. Bring pair by clicking on a happy face

Thank you
Customer: replied 1 year ago.

Yes I will definitely be able to rate your response based on the response I get from following your suggestion. I have sent the information you said to and am waiting for their response to see if it works.

Expert:  legal eagle replied 1 year ago.

Dear Customer. I am afraid it is not acceptable to make mypayment dependend from how your employer reacts My job is not to guarantee results but to provide legal information, this is what I get paid for. And I had to read you emails as well The reaction of you employer may depend on many different things which I cannot influence

legal eagle, Attorney
Category: German Law
Satisfied Customers: 11469
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you
Customer: replied 1 year ago.

THANK YOU FOR YOUR HELP!

Customer: replied 1 year ago.

Curious, this is what I sent them, what do you think??


 


Dear Allyce,


 


Thank you for following up and letting me know. Please include this email as well with more details for your attorney for your decision on compensation.


1. Consideration provided by Berlin Capitol Investment, the offeror;


A signed letter of intent/ job offer, A verbal agreement and offer to work together, Provision of leads and compensation as stated below (taken from job description in job posting), Training beginning on May 1st and begin working in office, Partner Log In to web site to learn properties.


What's on offer :
Excellent commission structure – in excess of €100k / annum.


Salary or freelance basis.


 


 


2. Requests made by Berlin Capitol Investment partners upon job offer, March 19 2013;


Although my offer was to start being trained and working from the office May 1st, my services were to start immediately upon this date of offer and acceptance. Requirements were learning project listed as; 106, 121, 108, and 37 with an intense focus on 108. Also to immediately begin to learn Berlin Mitte area and all selling points for clients, to aquire correct work permit, and to shop the competition.


 


3. Consideration provided by David Gellatly, the offeree;


Upon acceptance of job offer, valuable time spent meeting immediate requirements from Berlin Capitol Investment partners, both researches properties on the Web Site provided, spending time touring Berlin Mitte, studying the project layouts and selling point. Also valuable time and money to acquire the correct work permit. Starting May 1st 2013 I was to begin selling and following up with leads.


 


4. Other damages suffered to David Gellatly;


Refusal of other job offers due to accepting job offer from Berlin Capitol Investment, Cancellation of paid job placement, Loss of time and amount of time it will take to make up for a new job search.


 


Based on our agreement beginning on March 19, 2013 and breach of contract notice taking place on April 5 2013, this means I was providing the required services for 18 days as requested at time of job offer. Based on the stated annual income minimum of 100k, the time is valued by the company at 4932.00.


Based on my experience, my minimum income requirements would be 6000.00 per month. To make up for one month loss of pay for turned down job offer, or possible termination of contract by Berlin capital investment after 30 days at the annual pay in their job description, it would be 8333.00.


Other possible costs to Berlin Capitol Investment will be court costs, attorney fees, and punitive damages which I will seek if unable to settle, on top of the compensatory damages which the company should be ethically inclined to provide. As well as negative online reviews if the company fails to comply with ethics. I will obviously be willing to sign a release of my right to sue if settle out of court and not having to waste any more of my time for poor practices and breach of contract issues, if a reasonable offer is made and agreed to. There is obvious consideration made by both parties, which constitutes a valid contract, and documentation that provides evidence of this, both via email and verbally.


 


This Breach of contract requires compensation according to § 280 BGB. It has cost me a great deal for this breach and rescinding the offer after I met requirements of the partners. I thank you for your time in resolving this matter and hope we can reach an understanding and agreement outside of the court room. But I will pursue any means necessary to recover my damages. The date I have given and will follow through with to receive notice of compensation is April 24, 2013.


 


Again, Allyce and Thomas, it was a pleasure meeting with you and I am sorry you decided not to pursue a working relationship any further. I hope you understand where I am coming from with these expectation, and feel like these are fair requirements for my time. As I informed you, I turned down other offers for your promise that now I do not have the option for. I have been very successful in this industry, and spent a great deal of my time meeting your requests, and I am sure you do not feel like it would be an ethical decision trying to steal this time and other damages from me. Therefore, I wish you the best of luck in the future of your business. I invested all in the promise you made, and now have to start all over.


Kind Regards,


 


David Gellatly

Expert:  legal eagle replied 1 year ago.
Dear Customer,


yes, this is good.


Because you invested time and money and they made you believe it was for a purpose

When money is involved you alsways have some kind of contrat

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