-15 Cost-Benefit Calculator for Unfair Dismissal Claims in Germany
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Cost-Benefit Calculator for Unfair Dismissal Claims in Germany

Wondering if a dismissal lawsuit is worth it? My cost-benefit calculator helps you find out quickly!

How the Calculator Works

Easily calculate the chances of a dismissal lawsuit and assess the potential costs and gains. The calculator considers factors such as your notice period, the reason for dismissal, and your length of employment to give a realistic overview.

Notes

This calculator is for guidance only and does not replace legal advice. Special cases such as apprentices, disability, works council involvement, collective agreements, probation periods, age-related unemployment benefits, or pregnancy are not included. Use the calculator as a fast, practical tool to help make informed decisions.

You can find detailed information free of charge in my information brochure on protection against dismissal or by calling 030/34060478.

Data query (7 fields)

On what date were you hired? This is decisive for calculating the notice period, among other things.

Last gross-salary in full € + 1/12 of holiday pay, Christmas bonus, bonuses and similar annual payments

(days until you are likely to receive an effective notice of termination)

Explanation: Often, employers seek legal advice after receiving a letter from a solicitor and then issue another notice of termination that may be watertight.

Which of the following is most accurate? How quickly would you find another equivalent job if you did not take legal action but applied for jobs now?

Of course, this is a symbolic question. The ‘emotional price’, regardless of the reason, is calculated at 0-1 months' salary. Which of the following applies most?

To be gained:

best result of law-suit: 
possible severance pay:

Results

costs with insurance:

Total costs (excess): €150,00
of which advance-payment: €0,00

Your insurance must cover labour law.
A flat-rate excess of €150 is included in the calculation; you can adjust the correct value yourself.

All prices including VAT.

costs with statutory settlement (German RVG):

typical costs für law-suit*:
+ settlement costs, if applicable:
of which advance-payment**:

*Costs may vary and depend on the course of the proceedings, but not on their outcome. They are always incurred when there is a court hearing, regardless of the outcome. Amount in dispute: 3 months' gross salary as explained above.
**Lawyers may also demand the full amount as an advance payment. I initially only charge the 1.3 RVG fees + flat-rate postage + VAT shown here.

All prices including VAT.

costs with contingency fee*:

to be payed if successfull:
of which base-amount (=advance-payment):

*for example mine. Lawyers are not obliged to charge contingency fees. In individual cases, it is possible to agree on a contingency fee. Frequently agreed with me (‘salary’ = gross monthly salary as explained above, minimum €2,000, maximum €4,800):
Base amout: 1/10 salary (to be payed in any case)
Bonus: 9/10 salary (only in case of success)

All prices including VAT.

Costs for profit sharing

Some legal tech providers charge a base fee plus 25-35% of the settlement amount as commission. Lawyers are only allowed to do this for out-of-court work. See here what you will ultimately receive net. If you have only been with the company for a short time, are looking for a settlement and do not have legal protection, profit sharing may be worthwhile.

Potential gain from legal action (minus costs)

Next termination effective:
Salary difference between the options ‘win’ and ‘do not take legal action’:
minus legal fees:
Minus emotional ‘cost’:
to be gained net:

For comparison: severance pay with a lawyer

Result of negotiations, typically 0.5 months' salary per year of employment (rounded mathematically). It may well be more. Choose here when it becomes worthwhile for you.


Severance pay ( × × ):
minus legal fees:
to be gained gross:
to be gained net* (after annual adjustment using the "fifth rule" - Fünftelregelung):

Download information on Unfair Dismissal Claim free of charge

Find out how such a lawsuit proceeds, when it makes sense, and what you can achieve here in my free, compact information folder (.pdf, 5 A4 pages, clearly laid out in three columns). Ideal for reading on the go or printing out - whichever you prefer. There are two download-optons:

  1. Direct download to this device without reminder:

    Download .pdf here now
  2. Pro tip:
    Calendar entry with reminder to share, also to other devices. You will receive a calendar entry in .ics-format with a link to the .pdf. Your device will remind you in 3 days and on the following Saturday. This all happens on your device; I will not receive any data from you.

Why two options? The deadline is only three weeks and don't download it onto your work computer: your account could be blocked tomorrow.

Kontakt:

Sie erreichen mich zu den üblichen Bürozeiten per Telefon: +49-30/34060478, Whatsapp (Text): +4916091067827 oder E-Mail: helpline@meier-bading.de RA Meier-Bading ist seit über 20 Jahren als Anwalt tätig
mit 267 google-Rezensionen
Bewertung: 5,0 ⭐⭐⭐⭐⭐