Your Specialist Lawyer for Employment Law in Brandenburg an der Havel
Precise legal advice and strong representation across all employment matters.
In employment disputes, deadlines and wording often determine the outcome. We represent employees and employers with a clear view of legal risk, negotiation leverage and commercial impact.
Our approach combines strategic advisory work with decisive enforcement, both out of court and in labor court proceedings. At our Brandenburg an der Havel office, Wolf-Dieter Schade, specialist attorney for employment law, is your primary contact.
Core competencies
- Dismissal protection: review of termination validity and representation in unfair dismissal claims.
- Severance and settlement agreements: structured negotiations for legally sound and economically viable outcomes.
- Warnings, reassignment and employment references: enforcement of legitimate claims and defense against unlawful measures.
- Employment contract drafting: preparation and review of contracts for companies, executives and employees.
The earlier you involve legal counsel, the more options you keep. Secure deadlines, records and evidence early so we can build a strong position for you.

MASTER GUIDE
Employment Law in Brandenburg an der Havel: The Master Guide
Termination, severance, settlement agreements, negotiation – what matters legally and when timing is decisive.
AUTHOR

Wolf-Dieter Schade
Specialist Lawyer for Employment Law · Specialist Lawyer for Tax Law · Receivables Management
In employment law, a few days often decide your position and room to manoeuvre. A dismissal must be challenged before the labour court within three weeks; a settlement agreement is practically irreversible once signed. Acting without clear strategy regularly costs money, protective rights and leverage.
This guide walks you through the key areas of German employment law from the perspective of a specialist employment lawyer in Brandenburg an der Havel. It does not replace individual advice, but gives you the basis to assess your situation and choose the right steps.
The three-week deadline: the most important marker
A dismissal protection claim must be filed with the labour court within three weeks of receipt of the dismissal (section 4 KSchG). If this deadline is missed, the dismissal is deemed valid by law – regardless of whether it was substantively justified or contained formal errors.
In practice: before you "accept" a dismissal or negotiate a settlement agreement with the employer, the deadline must be noted and the claim prepared if necessary. A claim that preserves the deadline does not destroy a settlement – it opens realistic negotiating room.
What counts is the day the dismissal enters your sphere of control (letterbox, handover), not the date of creation. Document receipt with photo, note and witnesses if possible.
- Written form mandatory, section 623 BGB – electronic form invalid.
- Three-week deadline from receipt, not from creation date.
- Claim at the labour court for the district of workplace or employer's seat.
Severance: value from risk and preparation
There is generally no statutory entitlement to severance in dismissal protection proceedings. Severance is the economic result of risk assessment: the higher the procedural risk for the employer, the higher the severance. The amount is negotiable, not automatic.
The often-cited rule of thumb "half a month's gross per year of service" is only a starting point. Those who document formal defects, invoke protective rights or have strong evidence regularly achieve significantly more.
Tax and social security aspects matter too: how severance is structured affects fifth-rule treatment, wage tax and unemployment benefit. Good negotiation considers net outcome, not headline gross.
- Negotiating without a claim = little pressure, lower value.
- Protective rights and formal defects significantly improve leverage.
- Net outcome counts, not gross headline.
Settlement agreement: negotiate, don't just sign
Settlement agreements create planning certainty – with risks. The best-known pitfall is the waiting period for unemployment benefit under section 159 SGB III. Even if a waiting period does not automatically apply, wording is decisive.
Before any signature, key terms should be reviewed: end date, release with or without offsetting leave, bonuses, non-competes, occupational pension, reference – and especially severance relative to a realistic claim outcome.
There is no statutory right of withdrawal. Later challenge for duress or fraud succeeds only in rare cases. Requesting time to consider is standard.
Warning and personnel file: why written response matters
A warning is the prelude to a possible conduct-related dismissal. Accepting an unjustified or defective warning without comment noticeably weakens your position. A written counter-statement belongs in the file – and requesting removal is often worthwhile.
Check substance: a warning must name a specific breach, classify it as a contractual violation and threaten employment law consequences for repetition. Blanket accusations are usually inadmissible.
The right of direction under section 106 GewO is not unlimited: it must be reasonable. Major changes to role, location or hierarchy deserve critical review.
Employment contracts, management, group structures
Standard clauses are subject to general terms control under sections 305 ff. BGB. Clauses on overtime, penalties, repayment of training or post-contractual non-competes often fail and are void.
Especially in management roles careful review pays off – bonus rules, waiting compensation, group clauses, compliance and confidentiality can decide six- or seven-figure amounts in earnest.
Changing employer also requires care: post-contractual non-competes and client or customer protection from the old contract must be aligned with the new one.
Emergency plan: first 48 hours
First secure receipt of the dismissal: keep envelope, photo, written note with time. Note the three-week deadline in your calendar with a buffer day. Register as jobseeker with the employment agency immediately to avoid waiting periods.
Avoid spontaneous reactions: do not give written or oral confirmations that may later be read as admission. Do not sign settlement or severance declarations "under pressure in HR".
Collect documents that matter for negotiation: contract with amendments, job description, bonus agreements, last twelve payslips, all correspondence on the dismissal. The clearer the file, the stronger the position.
- Secure deadline, register as jobseeker, collect documents.
- No spontaneous signatures, no emotional emails.
- Seek external advice before statements become written.
In employment law, speed pays off – but only with strategy. If you want to assess your situation or have a dismissal reviewed, start with the Strategy Check. We then refine the approach in person.
STRATEGY CHECK
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