The Law between employee and employer is probably by far the most important and everyday area of law for many companies and private individuals. German and European labor law is characterized by the multitude and complexity of legal regulations and issues.
Whether or not the submission of a Legal action against dismissal, the defense against a warning or in the enforcement of wage claims as well as the enforcement of a fair severance payment - we are competently at your side.
In the event of termination by the employer, many employees fail to file an action for protection against dismissal in good time or find themselves intimidated into doing so without checking its effectiveness.
The action for protection against dismissal must also be filed within certain deadlines with the labor court, which reviews it for legally relevant grounds for invalidity and social justification.
In most cases, such proceedings end in a settlement and an amicable termination of the employment relationship through the payment of a lavish severance package.
Especially in this case, the employee should not do this on his own, because without the representation of an attorney for labor law, he risks losing the proceedings due to many legal pitfalls. Many employees have already lost due to avoidable formal errors.
It must be remembered that the employer is also usually represented by a lawyer in court. In this case, it is better for the employee to hire a lawyer who will examine his case in detail, advise him on his next actions and represent him effectively before the labor court.
The fast-moving legal field of IT law and data protection law is also characterized by knowledge of the relevant case law. Especially with regard to the pitfalls that arise from negligent ignorance in this area lead to a high risk for software developers, consumers, startups and founders.
IT law is also characterized by a good knowledge of European case law in this area of law. Numerous proceedings land on the desk of ECJ judges due to a wide variety of harmonization regulations in this area of law.
And last but not least, the introduction of the GDPR by the European legislator showed that there is still a lot of need for clarification in this area of law.
In many relationships between contractor and client, the license conditions of the software manufacturer are too often neglected to be agreed with the customer and also contractually recorded. This results in a legal deficiency. In the worst case, this can lead to a customer being able to assert warranty claims against the manufacturer. This can lead to a license violation, civil law or criminal law consequences.
Therefore, the manufacturer should have all contracts reviewed by a lawyer in advance. Because the legal case will always amount to a multiple of the examination costs of a lawyer in the field of IT law!
Many software manufacturers or software service providers make the mistake of using standardized GTCs that are freely available on the Internet for reasons of time and cost. However, the careless use of these can lead to considerable complications in legal cases, as they are rarely adapted to the legal requirements of system houses and IT companies.
In this case, too, it is highly advisable to have your terms and conditions checked by a lawyer specializing in IT law, online law or data protection law before publishing and using them, and to have them adapted accordingly if necessary!
Main office - Kerpen
Mr. Patrick Baumfalk, attorney at law
Main street 147
50169 Kerpen
Germany
Branch office - Witten
Mr. Patrick Baumfalk, attorney at law
Berlin street 4
58452 Witten
Germany
Our cooperation partner in the USA, FL, Merritt Island, Spacecoast and Miami, USA:
Mr. Alexander Thorlton, Esq. - German American Real Estate & Immigration Law Center, LLC
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