The most common sources of danger for conductive

Employees and managers

In the best case, an employee in a management position can already ensure his or her comprehensive legal protection at the level of the conclusion of the contract by proactively counteracting the weakening of employee protection for managers undertaken by the legislator.

To achieve this, obtaining effective legal advice is essential in many cases. Transparent provisions and, above all, a fair balance of mutual interests can save costly and time-consuming legal disputes in the event of differences of opinion. In this way, for example, a contractually agreed liability provision can minimize in advance the risk of independent liability for damage that has occurred by limiting liability to gross negligence and willful misconduct and also agreeing on the shortest possible expiry period for liability claims.

However, it is also conceivable that the amount of a possible severance payment in the event of leaving the company is already stipulated in the employment contract.
It is also important to familiarize yourself with the compliance guidelines and rules of conduct. These specify exactly which special rules apply within the company and must be observed. Managers who do not act in a compliance-compliant manner in their daily business operations are in breach of their legal duties of care. Under certain circumstances, this can lead to considerable liability claims as well as criminal prosecution.

Even if you bear a great deal of responsibility for many processes in the company as a senior executive, you should still insist on your own entitlements. Urgent operational needs in particular can mean that executives are unable to take their vacation. In fact, payment of vacation can only be considered upon termination of the employment relationship, insofar as the vacation can no longer be granted. It is particularly important to ensure that any vacation entitlements are not offset against possible compensation payments.

Furthermore, enormous caution is required when agreeing on non-competition clauses. Managers in particular have extensive knowledge of particularly sensitive company information such as sales figures and company secrets due to their close relationship with the employer. In order to adequately protect themselves in the event of the employee leaving for a competitor, non-competition clauses are often agreed, in some cases with six-figure contractual penalty provisions.

However, before signing those clauses, legal advice should be sought urgently. These clauses are subject to strict formal requirements and minimum conditions and can only be agreed for a maximum of two years. In addition, an existing non-competition clause could also stand in the way of further career advancement.

Furthermore, not every measure taken by the employer must simply be accepted. A particularly popular approach among employers is to make the senior employee voluntarily leave the employment relationship by transferring him or her. In principle, however, such a transfer to a less responsible and lower-paid job is not permissible. The transfer must also always be reasonable for the employee. Therefore, it should by no means simply be accepted, but rather its legality should be reviewed in court.

Finally, in the event of a Cancellation In principle, a check must be carried out to determine whether an employee has rightly been classified as a managerial employee. The fact that employees are classified as executives is the absolute exception and can only be assumed under very high requirements. This misjudgment by the employer can then have a very positive effect on the termination that has taken place. Then the employer can no longer so easily separate from the employee through severance pay.

In the event of an extraordinary Cancellation you should remain calm in advance and not jump to conclusions. Discussions with the employer for clarification should be avoided. Otherwise, in the worst case, there is a risk that an invalid reason for termination will be followed by a valid reason. Instead, it is advisable to take legal action against the termination. In the course of the proceedings, a settlement could be negotiated in return for financial compensation and an agreement on a reference.

We are pleased to present our Legal advice available to you if you are faced with the decision to take up a position as a senior executive or if you have already been presented with a concrete contract offer, which you must now legal want to have it reviewed. But we also offer comprehensive consultations in the event of imminent or already issued notice of termination and inform you about further procedures and options.