Legal Advice on Dismissal and Negotiation

Questioner

I had a conversation with my manager in which I was told that there was no more work for me at the new employer and that it would be best for me if they bought me out. Now I have received an offer from my old employer of 7,928 euros for 4 months because they cannot place me with the new employer. After June 15, this is allowed, but it is still the case that they have to include your years of service in your salary. I have been working for this employer for almost 25 years. They also want me to work for the new employer from May 1 to June 15 to train the new colleagues and after that I will no longer have a job.

Lawyer

First of all, it is questionable whether the employment contract may be terminated at all and whether you should not simply transfer to the new employer. If termination is more likely or if you prefer it, then there is certainly room for negotiation and the handle for compensation is the subdistrict court formula. In most cases, the employer also reimburses the employee's legal costs so that the employee can obtain good advice about his position. I therefore certainly advise you to consult a lawyer and will be happy to assist you.

Lawyer

If the company has been taken over, you should transfer to the new employer while retaining your employment conditions. In principle, you may not be dismissed due to the transfer of the company. However, it is possible to part ways by mutual agreement. The offer from your employer seems rather meagre, given your track record. Negotiations are probably possible. If you need help with this, you can contact me without obligation. I use fixed prices so that you know in advance where you stand.

Lawyer

The most important thing is what you want. If you want to stay, the WGR cannot get rid of you that easily. If you still want to leave, you can probably get more out of this negotiation. It is wise to have this looked at thoroughly by an expert lawyer or attorney. The WGR usually provides compensation for these costs. If you wish, I am happy to advise you further without obligation. I will then need some more information. In any case, I wish you much success.