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Hiring & Firing Employment Litigation Germany

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Latham & Watkins LLP

German Federal Labour Court Rules on Virtual Share Options and Exit Bonuses

Latham & Watkins LLP on

The German Federal Labour Court has tightened its case law. According to a decision from 19 March 2025 (10 AZR 67/24), the reasons for which were only recently published, employees may be entitled to an exit bonus even if the...more

Orrick, Herrington & Sutcliffe LLP

Looking for a "Digital Native" in a Job Ad is Discriminatory!

The regional labor court (Landesarbeitsgericht) ("LAG") Baden-Württemberg decided that an applicant can claim compensation for discrimination based on a job ad that said the employer was looking for a "digital native" (17 Sa...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Finds Certain Virtual Stock Option Forfeiture Clauses May Unreasonably Disadvantage Employees

On March 19, 2025, the German Federal Labor Court (Bundesarbeitsgericht or BAG) held in Case No.: 10 AZR 67/24 that certain forfeiture clauses in General Terms and Conditions of Business (Allgemeine Geschäftsbedingungen or...more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

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Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

McDermott Will & Schulte

Kündigungsgrund: WhatsApp-Nachricht – Bundesarbeitsgericht (BAG) erteilt pauschaler Vertraulichkeitserwartung eine Absage

Das Bundesarbeitsgericht hatte sich in einer aktuellen Entscheidung (BAG, Urteil vom 24. August 2023 – 2 AZR 17/23, PM) damit auseinander zu setzen, inwiefern Äußerungen, die in privaten WhatsApp-Chatgruppen getätigt wurden,...more

Ius Laboris

Back to the office: ending a telework agreement

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A German court has considered the requirements for an employer to terminate a telework agreement. In the wake of the pandemic, many companies have had their employees working from home or allowed them to work remotely....more

K&L Gates LLP

Arbeitsrecht KOMPAKT: Tactics for Dismissal Protection Proceedings

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If an employer’s termination is deemed invalid in Germany, he will need to back-pay the remuneration since the presumed termination date. Considerable sums can accumulate in this regard. This risk is a key reason why many...more

Jones Day

When Fixed-Term Employment in Germany is Actually Indefinite: Understanding Recent Labor Court Decisions

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The Situation: The German Federal Labor Court had to decide on the question whether a seemingly fixed-term employment is actually an indefinite employment. Prior to the latest hire, the same employee was already employed for...more

Littler

Littler Global Guide - European Union - Q2 2018

Littler on

German Church's Religious Occupational Requirement Subject to Judicial Scrutiny - Precedential Decision by Judiciary or Regulatory Agency - On April 17, 2018, the European Court of Justice (CJEU) held that German laws...more

Orrick - Employment Law and Litigation

No Dismissal Protection for Managing Directors in Germany

In practice, managing directors (Geschäftsführer) frequently try to attack the validity of a dismissal and bring unfair dismissal claims. In a recent decision, the Federal Labor Court (Bundesarbeitsgericht) has again rejected...more

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