Downsizing and dismissal - tips for employees
Times are becoming more unpredictable and are subject to constant, ever faster successive changes. The renewed shutdown due to the coronavirus pandemic in particular is promoting job cuts among employees, including redundancies. Employees of small and medium-sized companies are just as affected as employees of large corporations such as Continental or Lufthansa.
As an employee, you have a number of options at your disposal to ensure that you are as well prepared as possible for the difficult times ahead. You can prepare yourself for job cuts and redundancies in order to get the best possible result when such events occur. Here are some tips for far-sighted and prepared employees.
Table of contents:
- Tip 1: Take out legal expenses insurance
- Tip 2: Avoid transfers to unfavorable positions
- Tip 3: Gathering information
- Tip 4: Check options for action in advance
- Tip 5: Performance in the workplace
- Tip 6: Apply early
- Tip 7: How to respond to the offer of a termination agreement
- Tip 8: How to react in the event of termination
- Conclusion of our tips for terminations
Tip 1: Take out legal expenses insurance
One of the most important steps in preparing for a stormy period in your professional life is to take out legal protection insurance that also covers the field of employment law. If you already have legal protection insurance, make sure that it also covers employment law cases. If not, make improvements here accordingly.
Anyone fighting for their rights and opportunities needs financial resources. If you always have to pay attention to these, you are unnecessarily burdened with a stumbling block and may have to dig deep into your own pockets.
With legal expenses insurance, you can at least get rid of this problem area. This leaves your head free for the important problems. With legal expenses insurance behind you, you can fight for your rights without financial worries and achieve the best possible result for you.
Tip 2: Avoid transfers to unfavorable positions
It is not uncommon for employers to plan job cuts well in advance. In some cases, separate departments are created for this purpose, which serve the purpose of a later simplified social selection.
In addition, there are jobs in almost every company that are more dispensable than others or that are already over-represented. A transfer to such a position should therefore be avoided wherever possible.
These transfers are often accompanied by changes to employment contracts. You should therefore always discuss changes to your employment contract with an experienced employment lawyer before signing it.
Tip 3: Gathering information
Knowledge is power. Therefore, gather information from colleagues in other departments and the works council. It is not uncommon for a major job reduction to be announced in advance by various signs. The more you know about the situation, the better you can prepare for what is to come. This information can be decisive for the outcome of any subsequent legal dispute.
Tip 4: Check options for action in advance
Employers often try to remove their employees from the company by means of termination agreements or as part of a social compensation plan. There are regularly various options for action here, roughly in the sense of: accept, reject or renegotiate.
Such a situation can also be used as an opportunity for any retraining or further training that the employer may be seeking anyway.
If you think about your options at an early stage, you will not be overwhelmed by the situation, but can play your cards right. Let a competent employment lawyer support you and improve your options.
Tip 5: Performance in the workplace
Employers who cut jobs will regularly try to spare top performers. In return, they will use every opportunity to remove people who do not fully meet their obligations under the employment contract through personal or behavioral dismissals.
Therefore, make sure that you fulfill your contractual obligations. If you also have a positive performance record, this will improve your prospects of keeping your job.
Tip 6: Apply early
If the storm clouds in the firmament are already darkening, it may be advisable to look for career alternatives at an early stage. Once major job losses have occurred, the number of applicants for available positions will increase considerably. Those who start looking early will therefore be in a better position. You can also considerably expand your range of options. It also often gives you the opportunity to move up the ladder and do better in your new job than you did in your old one.
If you negotiate skillfully, you can also have your job change rewarded with a lucrative severance payment, for example.
Tip 7: How to respond to the offer of a termination agreement
It is not uncommon for employers to try to organize job cuts by means of termination agreements. Under no circumstances should you simply sign these without thinking. It is advisable to seek experienced legal advice as soon as possible and have the proposed termination agreement checked by them. It is often possible to achieve lucrative results through renegotiation.
Tip 8: How to react in the event of termination
In the event of termination, the clock starts ticking. Many dismissals are invalid. However, if you wish to take legal action against a dismissal, you must file an action for protection against dismissal with the labor court within three weeks.
Here too, you should seek legal advice and consider filing an action for unfair dismissal. Dismissals can often be eliminated or significant improvements can be achieved through a settlement.
Conclusion: Summary of our tips for employees
- Take out legal protection insurance that also covers employment law.
- Avoid transfers to unfavorable workplaces.
- Gather as much information as possible within the company.
- Check and discuss your options for action at an early stage.
- Pay attention to the fulfillment of your contractual obligations and distinguish yourself through performance.
- Apply for alternative jobs at an early stage to expand your options.
- Never sign termination agreements without thinking. Have them checked and, if necessary, renegotiated by a lawyer specializing in employment law.
- In the event of dismissal, contact an employment lawyer immediately and discuss the prospects of success of an action for protection against dismissal.
Help from a lawyer for employment law in Eschborn near Frankfurt am Main
Are you affected by job cuts or would you like detailed advice on this topic? Do not hesitate to contact us. We will help you quickly, competently and throughout Germany with all employment law issues and will also represent you assertively against your employer. Give us a call or write to us using the contact form:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt




8 Comments
Maria Brenner
Thank you very much for these tips. I currently work in a supplier company and short-time working has been the norm for months now. However, there are already rumors that job cuts are planned. In any case, I'm going to take out legal protection insurance today and prepare for a dismissal. I hope that things will return to normal soon.
I wish you a wonderful week.
Yours sincerely
Maria Brenner
Frank Haas
Hello Mrs. Brenner,
I definitely wish you the best and hope that you don't need the legal expenses insurance to terminate your contract. But nevertheless: Better safe than sorry!
Rolf
Job cuts are a big problem for many employees this year. I would never have thought that as an employee you have so many rights in this area. Anyway, I'm going to get a lawyer to discuss my employment contract. Thank you very much!
Frank Haas
We are pleased that we have already been able to help you with our legal tip. If you require further information or comprehensive legal advice, you can of course contact us at any time using our contact details.
rolf
Thanks for the great offer about the right to resign. Due to the pandemic, many companies are offering fewer jobs than before, and more and more people are being laid off. As an employee, you naturally want to protect yourself from this and avoid such inconveniences as much as possible. Accordingly, it is probably one of the smartest things to take out legal protection insurance. Thank you!
JJ
I've always wanted to know more about employment law. I think it's something everyone should know more about. I will also share this article with my uncle. He's interested in it too.
rolf
Everyone should be aware of their employment rights and know exactly what they should do as an employer and when. Especially at this time, it is unclear for many employees whether they will really be dismissed or rather transferred. Legal insurance can help many employees here, as it can protect them from a lot of trouble.
Kerstin
At this time, many employees are afraid of losing their jobs. The constant downsizing means that many have already been made redundant. In any case, it's good to know that you can do a lot with legal protection insurance to avoid being dismissed without notice. Thank you!