Home Your Lawyer L&E Practice L&E Dictionary News Downloads Fees Map / Section 5 TMG Information Links English Version




Labor & Employment Practice
On this page, you will find some information about my practice areas.

Employer Representation  back
If you were asking me for a slogan to describe my employer representation practice, I would answer "big law firm service at a reasonable rate”.  I have enjoyed substantive training in this field while working for an international law firm. Therefore, I know the particular problems German and international employers usually have in connection with German employment law. The idea to establish my own practice evolved as I realized that a small entity could render the same amount of service as the big law firms do, while avoiding excessive overhead costs. At best, I should already be involved when it comes to drafting an employment agreement. Even more important, however, is legal advice before giving an employee notice of termination. Otherwise, employees are likely to prevail in dismissal proceedings. As you are negotiating and arguing with the works council, you might also prefer legal assistance, including a contemplated restructuring process and intoduction of new benefits as well.

Employee Representation  back
The representation of employees commences with legal advice in connection with employment agreements. I understand, however, that employees (particularly those with a small income) are reluctant to do this.

Where getting a specialized lawyer involved becomes very important, however, is where an employment relationship develops to into the direction of a dispute. What should an employee do if he/she receives a warning letter, becomes affected by a change of control or simply recognizes the working atmosphere to deteriorate? This is the time to take personal charge, instead of leaving exclusive control of the process with the employer.

In case of a dismissal, your lawyer should be involved as early as possible, meaning far earlier than shortly before the commonly known three wees period to bring a case has expired. For details, please see my notice in case of dismissal.

Sometimes and mostly due to miscommunication, it may occur that the labor agency (previously: labor office) applies an unjustified so-called prohibition period to your unemployment benefits, be it for an allegdly negligent loss of job or an unjustified reproach of belated job seeker registration. In these cases, I will represent you in the adiministrative objection proceedings and before the social courts.

Executives  back
Of course, employee representation also includes the representation of executives. In this regard, it is often particularly important to be aware of the conventions in an executive environment and of the problems evolving therefrom.


Works Council Representation
 back
The Works Council Constitution Act (Betriebsverfassungsgesetz) provides for many works council rights. Only a few works councils, however, know how to make effective use of those rights. This is where the specialized lawyer comes into play. All expenses of the works council will regularly be born by the employer. In case of a certain conflict, this can be derived from Section 40 (1) Works Council Constitution Act. In case of difficult issues, however, such claim to covered expenses exists independently of a conflict (See Section 80 (3) Works Council Constitution Act), including (but not limited to) negotiations in connection with a reconciliation of interests (Interessenausgleich) and a social plan (Sozialplan).

Managing Directors, Commercial Agents and Authorized Dealers
 back
As they are "employees in the broader sense", my practice also includes service relationships with Managing Directors, Officers, Commercial Agents and Authorized Dealers.  As in case of "regular employees", I accept mandantes from either side.


Fischtorplatz 11 - 55116 Mainz - Germany - Telephone: +49 (6131) 143 83 25 - Fax: +49 (6131) 143 83 29 - E-Mail: fs@ra-stoffers.de
Skype:fstoffers