You have received a termination agreement? We will help you!

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You have received a termination agreement? What now?

In contrast to termination, the termination agreement is a common means of terminating an employment relationship for many companies. As far as the correct handling of such an agreement is concerned, there are some important points that need to be considered.

Many entrepreneurs make the mistake of disregarding the essential requirements for the validity of a termination agreement. Because this must according to  §§ 623, 126 BGB there is an agreement in writing between the employee and the employer on the termination of the employment relationship. Only then is this valid. However, the requirement of written form is only met if both parties have signed this agreement personally and by hand. In this case, electronic signatures are not a form of signature that can be used.
In such a case, the termination agreement would be considered invalid.

In such a case, you should contact an Lawyer for labor law and have them advised and represented. Since the subsequent steps of revoking the termination agreement, contesting it or withdrawing from it are characterized by many legal pitfalls. The general regulations on rescission apply to the termination agreement, § 123 BGB, and that to resign, § 323 BGB.

In such cases, particular attention must also be paid to the requirement of fair negotiation. Here, too, representation by a Lawyer for labor law It is advisable to consult with a legal advisor, as this can significantly increase the pressure of negotiations and usually lead to better final results in the form of higher severance payments.

Another issue concerning the termination of an employment relationship by means of a termination agreement is the AGB control, provided that the content of theual contractges is not seriously up for negotiation. Is it an individual termination agreement or a standard termination agreement? This also makes a serious legal difference.

Do not be naive! Leave the review of your termination agreement and the conduct of negotiations on the contents thereof with the employer to a Lawyer for labor law. This significantly increases your chances of success in the event of a dispute and often leads to higher severance payments and shorter associated non-competition clauses. Often, the time it takes to reach an out-of-court settlement is also significantly shortened with the help of a lawyer. 
However, we also do not shy away from the chamber hearing. If no agreement can be reached with the (former) employer at the conciliation hearing, we will fight for you until the labor court reaches a decision. 

Therefore, leave the contesting of a termination agreement to
 the professionals. At best, you are covered by legal expenses insurance; if not, we will apply for legal aid for you or discuss the costs and benefits of a possible lawsuit with you.

Take care of your professional future, we do the rest!


Termination agreement

Post-contractual non-competition clause

Prohibitions on parental leave and compensation

Post-contractual non-competition clause

It is now common practice for most companies to include a post-contractual non-competition clause in the employment contract for employees above a certain hierarchical level. The purpose of this is to protect the company after the employee leaves from the employee starting an employment relationship with a competitor company and damaging the former employer with his industry-specific knowledge. 

However, the associated costs are not always commensurate with the benefits of this. This is because many companies often forget that a post-contractual non-compete agreement also has a price. According to § Section 74 (2) HGB a post-contractual non-competition agreement is only valid and binding if it provides for the payment of compensation, compensation for waiting.

This must correspond to at least half of the employee's last annual salary per year of the ban. Otherwise, this is to be considered ineffective!

Also in this particular case, the advice is always to contact an experienced Lawyer for labor law to the employer. As part of the legal advice and the associated representation before the employer, the latter can ensure that, on the one hand, the non-competition compensation associated with the non-competition clause can be adjusted and increased or that an early withdrawal from this can be effected in the interest of the employee.

So don't leave anything to chance! Contact us. Together with you we develop a strategy for the enforcement of your claims. We are not uncritical, but know: Being right and getting right are two different things.

In most cases, even claims that were thought to be secure turn out to be difficult to enforce. For this reason, we discuss with you the chances of success of enforcing your rights in our Law office by.

Your law firm Baumfalk for labor law in Kerpen and Witten