Employment Law, Flensburg; Ina Reese, Solicitor
Legally sound support with termination, severance pay and contract drafting for business owners, managers and employees
Whether it’s a notice of termination, a severance payment or a managing director’s contract: Ina Reese, a solicitor and specialist in tax law, advises entrepreneurs, executives and employees in Flensburg and Harrislee, whilst also taking into account the tax implications of every decision.
We safeguard and shape your rights in the employment relationship
A notice of termination in the letterbox, a severance offer on the table or a managing director’s contract due for renegotiation – situations under employment law often require swift yet considered action. The same applies to business owners who wish to draw up employment contracts in a legally sound manner, issue a notice of termination correctly or negotiate terms for senior executives. In both cases, the care taken in the initial steps often determines how matters proceed.
As a solicitor with over 20 years’ experience, Ina Reese provides expert advice on protection against unfair dismissal, severance pay, termination agreements, the drafting of employment contracts and employment references. Thanks to her additional qualifications as a specialist lawyer in tax law, she is able to take into account an aspect that is often underestimated in employment law disputes: the tax treatment of severance payments, company cars and legal costs.
General Civil Law, Flensburg
Dismissal and warnings, safeguarding protection against unfair dismissal
Once a notice of dismissal has been received, there are only three weeks in which to bring an action for protection against unfair dismissal before the employment tribunal; if this deadline is missed, the dismissal is generally deemed to be valid. Ina Reese reviews notices of dismissal and any prior warnings to ensure they comply with legal requirements in terms of both form and content: Was the works council properly consulted? Is the dismissal justified on social grounds? Are there any special rights to protection against dismissal, for example in the case of pregnancy or severe disability? On the employer’s side, she provides support in the legally sound preparation and drafting of warnings and notices of dismissal to avoid subsequent legal disputes.
Negotiating a severance payment: strengthening your position
A severance payment is not automatically granted by law, but is usually the result of negotiations. Ina Reese realistically assesses the prospects of success in an action for unfair dismissal and uses this to establish a strong negotiating position. In addition to the unfair dismissal claim, the overall financial situation also plays a role, including the question of how much of an agreed severance payment actually remains after tax and social security contributions.
Termination agreement and reference letter: securing your terms and conditions
A termination agreement brings the employment relationship to an end by mutual consent and, once signed, is generally no longer subject to challenge. Before signing, Ina Reese checks the clauses relating to leave of absence, holiday pay, the amount of severance pay and non-competition clauses, and draws attention to any potential waiting periods for unemployment benefit. The reference letter is also one of the terms that should be negotiated at this stage: it follows its own code of seemingly favourable phrasing, which, on closer inspection, can be interpreted differently from at first glance; Ina Reese uncovers hidden disparaging remarks and ensures that requests for corrections are upheld.
Drafting employment contracts and directors’ contracts in a legally compliant manner
Ina Reese drafts employment contracts, company car policies and directors’ contracts for business owners, and negotiates terms and conditions for senior executives. For employees, she reviews draft contracts before they are signed to check for invalid clauses – for example, relating to probationary periods, fixed-term contracts or ancillary contractual obligations – and identifies areas where there is scope for negotiation.
Enforcing payment of wages, overtime and working hours
Whether it concerns outstanding wage or salary claims, unpaid overtime or compliance with contractually agreed working hours: Ina Reese represents both employers and employees in the enforcement and defence of such claims. If claims remain unpaid despite a request for payment, the Debt Management department takes over the further enforcement process, up to and including enforcement proceedings.
Tax aspects of employment law
Severance payments are subject to income tax, but under certain conditions may be taxed at a reduced rate under the so-called ‘fifths rule’ – an advantage that should be actively utilised in negotiations but which often goes unchecked. Company car schemes also have tax implications: Whether the 1% scheme or a logbook is the more favourable option depends on the individual case and has a direct impact on net income. In addition, Ina Reese assesses whether lawyers’ fees and court costs incurred in an action for unfair dismissal can be claimed as income-related expenses for tax purposes. As a solicitor and specialist in tax law, she assesses employment law agreements from the outset from a tax perspective as well, to ensure a result that actually pays off in the end.
With over 20 years’ experience in legal and tax consultancy, Ina Reese represents your interests in employment law competently, directly and with an eye to the financial implications of your decisions.
Employment Law, Flensburg Law and Tax Practice in Flensburg
Contact – Your Preferred date
Submit your Online enquiry and we’ll be in touch as soon as possible for a Preliminary assessment.
We will be happy to take your preferred date into account in the form where possible; however, we are unfortunately unable to guarantee this due to existing bookings. We will get back to you as soon as possible to arrange a suitable appointment.
Address Werkstraße 8, 24955 Harrislee
Email rechtsberatung@kanzlei-reese.de