When a dispute is brewing at work, every day often counts. The Ertogan law firm advises employees and employers in Cologne on dismissal, severance and every question that arises around the workplace.
A dismissal, a termination agreement placed in front of you, or a reference that does not reflect your actual performance: situations like these catch many people off guard. Attorney Nurdan Ertogan always starts by reviewing the specific facts and assessing which claims realistically exist. Since 2010, the firm has handled employment law matters personally, without cases being passed between different caseworkers. Consultations are available in German, Turkish and English.
Employment law is heavily shaped by deadlines, and following a dismissal there is little time to decide what to do. Anyone considering an unfair dismissal claim (Kündigungsschutzklage) generally has to file it with the labour court within three weeks of receiving the notice. It therefore makes sense to seek legal advice early rather than waiting until the deadline is almost gone. Employers, too, benefit from having employment law steps checked in advance to avoid litigation risk later on.
01You may recognise this
You have received a dismissal notice and do not know whether it is valid or whether a claim is worth pursuing.
You have been presented with a termination agreement and asked to sign it at short notice.
You want to negotiate severance pay before leaving the company.
Your employment reference contains wording that makes your performance look worse than it actually was.
As an employer, you want to prepare a legally sound dismissal or draft a termination agreement.
02How I support you
Reviewing the validity of a dismissal and assessing the prospects of success of an unfair dismissal claim.
Representation before the labour court, including negotiations over severance pay.
Reviewing and negotiating termination agreements before signature.
Checking and correcting employment references and interim references.
Advice on wage and salary claims, overtime, holiday entitlement and release from duties.
Drafting and reviewing employment contracts and dismissals from the employer's perspective.
03How we work together
We begin with an initial meeting in which you present your documents, such as your employment contract, dismissal notice or reference, and describe the situation. Attorney Ertogan reviews the position, explains your legal options and flags any running deadlines so no rights are lost. On that basis you discuss the next steps together, whether that means out-of-court negotiations or a claim before the labour court. You are supported personally throughout the process and kept informed at every stage.
04What does the advice cost?
The initial consultation is a paid service costing 249.90 euros for private individuals and 450 euros for businesses. Further representation is billed under the German Attorneys' Remuneration Act (RVG) or under an individual fee agreement at an hourly rate of 450 euros. These figures are for initial orientation and are non-binding; the actual cost depends on the individual case.
How long do I have to take action against a dismissal?
Generally three weeks from receiving the dismissal notice. Anyone wishing to file an unfair dismissal claim must meet this deadline with the labour court, otherwise the dismissal is usually treated as valid. You should therefore seek advice as soon as possible after receiving a dismissal notice.
Am I entitled to severance pay when I am dismissed?
In many cases there is no automatic right to severance pay. Severance is often agreed as part of negotiations or a court settlement, for instance where the dismissal is legally vulnerable. Whether and how much severance is realistic can only be assessed after reviewing the specific case.
Should I sign a termination agreement?
Do not sign a termination agreement under time pressure, without having it reviewed first. A termination agreement can have downsides for unemployment benefits, for example in the form of a waiting period. It makes sense to have the terms checked by a lawyer and, where appropriate, renegotiated before you agree.
What can I do if my employment reference is poor?
You are entitled to a benevolent and truthful reference. Wording that makes your performance look worse than it actually was can often be challenged and corrected. A legal review uncovers hidden negative phrasing in the reference text and helps you demand a correction.
Is a dismissal allowed during illness?
Yes, a dismissal during illness is generally possible. Illness does not automatically protect you from dismissal, though strict requirements apply to a dismissal on health grounds. Whether the dismissal is valid in your case should be assessed individually.
What is unfair dismissal protection and who does it apply to?
Protection under the German Unfair Dismissal Act (Kündigungsschutzgesetz) generally applies once the employment relationship has lasted longer than six months and the business employs more than ten people. In that case, an ordinary dismissal requires a recognised reason, such as personal, conduct-related or operational grounds. Whether this protection applies depends on the circumstances of your employment.
What is the difference between ordinary and summary dismissal?
An ordinary dismissal observes the applicable notice period, whereas a summary dismissal ends the employment relationship immediately. A summary dismissal requires good cause that makes continuing the employment unreasonable. Both forms can potentially be challenged in court.
Will I still receive outstanding pay if I have been dismissed?
Claims to wages already earned generally remain in place even after a dismissal. In many cases this also applies to overtime and unused holiday, which may need to be paid out. If the employer does not pay, these claims can be enforced, though contractual limitation clauses (Ausschlussfristen) need to be observed.
What does employment law advice cost at your firm?
The initial consultation costs 249.90 euros for private individuals and 450 euros for businesses. Further work is billed under the RVG or under a fee agreement at an hourly rate of 450 euros. The exact cost depends on the scope and difficulty of your case.
Can I also get advice in Turkish or English?
Yes, consultations are available in German, Turkish and English. This allows you to describe your employment law matter in the language you feel most comfortable in, and attorney Ertogan handles your case personally throughout.
