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I have a question regarding my resignation and its notice.

Customer Question
Hello, i have a...

Hello, i have a question regarding my resignation and its notice. could you help me?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Not yet. i have a new offer within germany and they ask me to start in 2 months. but my current contract says i have a 3 months notice periods. what would happen if i leave my current job in 2 months? would they sue me? do i need to pay some penalty?

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I dont' belong to a union. what is "at will" employee?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thanks.

Submitted: 4 months ago.Category: German Law
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Answered in 5 minutes by:
3/28/2018
Lawyer: Ben Jones, Solicitor replied 4 months ago
Ben Jones
Ben Jones, Solicitor
Category: German Law
Satisfied Customers: 51,211
Experience: UK Qualified Solicitor
Verified

Hello and thank you for your question, which I will be happy to assist you with.

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Lawyer: Ben Jones, Solicitor replied 4 months ago

I'm sorry. I responded to your question in error. I will opt out so that an expert in German employment law can assist you with your query. Thank you

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Lawyer: legal eagle, Attorney replied 4 months ago
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 17,961
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
Verified

Dear Customer,

thank you for your question

Do you have a clause with acontractual penalty in your employment contract?

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Customer reply replied 4 months ago
there is no specific penalty in my contract. only says "3 months period resignation....and can be terminated earlier under exceptual circumstances and agreements". (or something similar)
Lawyer: legal eagle, Attorney replied 4 months ago

Dear Customer,

if there is no Vertragsstrafe i.e contractual penalty in yor contract you still make a breech of contract if you do not resing within the contractual notice.

This breech of contract causes claims for damages.

So if your employer for example is not able to finish a project because of that, has to find another employee , which costs because of that you owe him the damage.

However as he does not have to pay your salary this of course reduces a possible damage.

Also he has the obligation to minimize the damage by proactively looking for a new employee.

To buy your employer some time please terminate as soon as possible

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Customer reply replied 4 months ago
ok. may understand then, that if leaving the company i create a damage, would be the replacement value the same as me? for example if i am capable to do my job for 50k€ per year, my replacement value should be the same, otherwise i could consider myself descriminated? i.e. the damage i cause to the company is my month salary? is a good assumption?
Lawyer: legal eagle, Attorney replied 4 months ago

Dear Customer,

no it is only a month salary if there is a contractual penalty clause in your contract.

Then you have to pay an amount on top

If not the exact damage has to be proven by the employer.

For example: had to have two employees to replace you , could not finish project X and so on

As it is only for one month the damage cannot be too hefty considered he does not have to pay your salary

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Customer reply replied 4 months ago
ok. thanks. i will check then.
another question is the fee of this service.
the first lady who attended me told me the service is 5$ ( i do have the screenshot in case you wanna check it) and now ai see the charge in the credit card is 45€. how come this be? is it only a deposit?
thanks.
Lawyer: legal eagle, Attorney replied 4 months ago

It is 45 Euro, can`t be 5 Euro I am a qualified employment law specialist

Fees like that would be considerd illegal

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Customer reply replied 4 months ago
i know you may be a qualified specialist but the lady who attended me offered me a 5$ services. that is why I accepted!
Customer reply replied 4 months ago
here is the screen shot
Lawyer: legal eagle, Attorney replied 4 months ago

I am sorry I have nothing to do with that whatsoever.

You have to get back to her

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Lawyer: legal eagle, Attorney replied 4 months ago

This was just the deposit not the whole fee.

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Customer reply replied 4 months ago
OK Thank you very much for your help. i will contact costumer service.
Thankss again.
Regards.
Lawyer: legal eagle, Attorney replied 4 months ago

If you please click on 3-5 stars

thank you

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