Even though out-of-court paths for avoiding and resolving conflicts will be more effective in many situations, litigation is and remains a solid element of our employment law practice. This applies equally to individual disputes with employees and collective law disputes with works councils. We have a wealth of experience in litigation at all judicial levels, including the Federal Labor Court, and represent our clients, for example, in the following disputes:
- Works constitution law disputes concerning the necessity of works council training seminars, the scope of co-determination rights, works council elections, co-determination in the hiring process, reassignments and reclassifications, dissolution of works councils or the exclusion of individual works council members, the interpretation of shop agreements
- Proceedings for the protection against terminations
- Disputes with employees due to reassignments and in temporary injunctive proceedings
- Bonus suits
- Enforcement of damage claims before the labor and civil courts, e.g. in compliance matters
- Judicial enforcement of (post-contractual) non-compete undertakings
- Judicial enforcement of IP protection
- “Anti-Discrimination Act hopping”
- Disputes before the labor and social courts in connection with the use of outside personnel (Temporary Employment Act and misclassification as independent contractor)
Our specialists for questions concerning representation in litigation are Dr. Henning Reitz, who was a judge at the labor courts in Frankfurt am Main and Kassel prior to joining JUSTEM Rechtsanwälte and is co-author of the section “Proceedings before the Labor Courts” in “Formularbuch des Fachanwalts Arbeitsrecht“ and Dr. Daniel Klösel.
