Law firm for labor law in Kerpen, Cologne and Witten
Labor law | Strong partner for employees and employers
We do labor law!
Law firm for labor law in Kerpen, Cologne and Witten
Lawyer for - Labor Law | Criminal Law | IT Law | Data Protection
Specialized in the issues of the Labor Law we conduct litigation for employees and employers before the labor courts in the Rhineland and the Ruhr region on a daily basis. In doing so, we are confronted with all issues of labor law: Dismissals and actions for protection against dismissal, warnings, missing wage payments, wage payments in case of illness or also with regard to references. However, we also write employment contracts for entrepreneurs and executives.
In the past, we have gained a lot of experience with mass termination proceedings, especially in the retail sector. However, we have also handled difficult termination processes, e.g. the termination of severely disabled employees. We can look back on a large portfolio of processes. We have seen a hell of a lot of employment contracts, and our eyes have fallen out when we have read clauses that are supposedly "legally secure".
The dismissal protection process forms the largest part of the legal examination work under employment law. In particular, it is necessary to work out whether the Dismissal Protection Act applies and whether going to the labor court is promising. Our daily business is the termination of employment relationships, whether by notice of termination or by termination agreements. However, the defense against dismissals by the employer is the core area of our work.
In most cases, severance pay can be negotiated at the conciliation meeting during the dismissal protection proceedings. The amount of the severance payment - and whether such a severance payment is possible at all - must always be examined on a case-by-case basis. The decisive factor for the amount of a negotiated severance payment is the reason for termination communicated by the employer and the correct application of the Dismissal Protection Act. However, we 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 on your behalf until the labor court reaches a decision.
However, special problems often have to be taken into account in the dismissal protection process: Has the employer made a mistake here? It is precisely these pitfalls that need to be worked out in discussion with the client and presented to the labor judge in an individually prepared complaint. In addition, we provide you with instructions on how to act during the entire dismissal protection process. We help you in this difficult situation.
Labor law consulting fields
What all falls under the labor law?
Dismissal and proceedings for protection against dismissal are the main focus of employment law advice. In this regard, however, we also negotiate appropriate severance pay or severance pay optimization. Furthermore, we review termination agreements and employment contracts.
We also enforce your employee claims, i.e. wage claims, vacation claims and Christmas bonuses, vacation pay and the right to an employer's reference.
Mr. Attorney Baumfalk also represents you in defending against unjustified warnings, reassignment, transfer and grouping, in questions of company pension schemes and maternity and parental leave. We also represent you if you are severely disabled in order to enforce your rights in the company.
We also provide comprehensive and expert assistance in dealing with conflicts in the workplace, such as bullying or violations of the General Equal Treatment Act.
Services in labor law
Labor law advice & representation
The decision is not yet final and has since been assigned the case number 14 Sa 294/20 at the Düsseldorf Regional Court. If the ruling is upheld or if other national courts follow the Düsseldorf judges, the ruling will represent a decision of unimagined scope for employee data protection and bring about a considerable leverage effect in favor of employees. It can be assumed that the assertion of non-material damage claims under Art. 82 para.1 DSGVO in the context of termination of employment relationships, with which employees will attempt to effectively enforce and prepare their own claims in the event of termination or other termination of the employment relationship.
Whether there is a need for action on your part as an employer with regard to DSGVO compliance or whether it makes sense for you as an employee to assert a corresponding claim for damages, requires an examination by a lawyer experienced in data protection and employment law.
Termination & Protection against Dismissal
You have received a notice of termination?
You have received a notice of termination? Don't panic! You are not alone. Call us or send us an e-mail. Because especially after a termination many decisions have to be made in a short time. After termination, the following applies in the German Labor law a period for filing an action for protection against dismissal of only three weeks! For this very reason, you should consult us as specialists in employment protection law in good time and promptly after receiving the notice of termination.
Many employers make numerous mistakes when terminating employment, which usually costs them dearly. Let's be honest: 95% of the employers only agree to a settlement in a conciliation hearing, because the risk of an ineffective Cancellation is far too high. In the event of an invalid termination, they must then usually pay the employee the wage due for the entire termination process. And that immediately! This is the only reason why most employers agree to a cost-intensive settlement.
Furthermore, even if you no longer have any interest in the job, it is also important to obtain proper settlement of the employment relationship. Have you been paid your wages properly? Are you still entitled to vacation pay or are you possibly still entitled to special bonuses? We can answer these questions for you throughout the entire dismissal protection process. And as a bonus, we usually obtain a good reference. No matter whether you had a dispute with your employer or not.
Dismissal protection law & severance pay
We fight for you for your job!
However, many mistakes also happen in mass dismissal proceedings. Although the large companies are usually also represented by large law firms, the powerlessness of the employer representatives was also demonstrated here against the biting lawyer Baumfalk. In the past, we have been able to discover numerous "calculation errors" - whether intentional or unintentional we will leave uncommented. But also with the social selection many mistakes are made.
And also for extraordinary Cancellations of the employer we will help you. In 95% of the cases, the employer just wants to give you a juicy kick, because the Federal Employment Agency imposes a blocking period when receiving unemployment benefits. Just so: it does not matter what you write to the Federal Agency. The blocking period is sure to come. And your (former) employer knows that, too. However, we will also help you to receive payments from the Federal Agency while you are fighting the employer, if necessary by taking legal action before the social courts. Let us advise you on employment law in this regard as well.
Most of the time they can not even recognize such errors. Therefore leave a Dismissal protection proceedings the professionals. In the best case, you have legal protection insurance; if not, we will apply for legal aid for you or discuss with you the costs and benefits of a possible dismissal protection lawsuit.
Take care of your professional future, we do the rest!
Our services in labor law
Other areas of labor law in which we can assist you:
Attorney at law Patrick Baumfalk
We fight for your labor rights!
Mr. Baumfalk, attorney at law, has already conducted many lawsuits against numerous employers and employees. These included small and medium-sized companies as well as large corporations. Mr. Baumfalk is not a settlement lawyer, but a hard party representative and represents your interests, if necessary also before the labor courts.
Baumfalk is regularly at the Labor Court Cologne, Aachen Labor Court, Labor Court Bochum, Bonn Labor Court, Düsseldorf Labor Court and at the Essen Labor Court, Duisburg Labor Court as well as the Dortmund Labor Court.
Mr. Baumfalk represents both employers and employees in dismissal protection proceedings and in actions for unfair dismissal. He also procedurally enforces the rights of employees and employers.
The lawyer for your process
Mr. Baumfalk, attorney at law, in Kerpen and Witten
Mr. Baumfalk, attorney at law, has already successfully sued and won against a wide variety of employers in the Rhineland and Ruhr area. Frequently, the lawyer encounters opponents who are not represented by a lawyer - this is usually a home game. The opponent, who is not represented by a lawyer, is often unable to grasp the implications of his procedural statements. A win for every employee.
However, Mr. Baumfalk also prevails at the labor courts in defending employers against actions for protection against dismissal. Allegedly biting Labor Lawyer become a toothless tiger in the conciliation hearing at the latest. All in all, most colleagues are only concerned with concluding a settlement and settling the appointment and settlement fee in accordance with the German Lawyers' Fees Act (Rechtsanwaltsvergütungsgesetz).
Mr. Attorney Baumfalk inspired numerous employees and employers in the past with his transparent communication and open and honest manner. Mr. Baumfalk passionately represents employees against temporary employment agencies from the Ruhr area.