The legal point of view
The lawyer involved should work closely with the NewPlacement coach. He guarantees the legal security of the termination agreement and compliance with deadlines. The termination agreement should implement the NewPlacement AG set screw model (future-oriented elements, final paragraph, proactive separation) and take into account not only the separation agreement but also issues relevant to the future. An escalation of the separation should be avoided at all costs, as it puts the executive "on ice" for several months.
This is one of the reasons why the judge at the labor court or district court tries to reach an agreement on a win-win level in the necessary conciliation meeting. Months of waiting for a main hearing should be avoided as far as possible from the point of view of the future. The prevention of future-oriented interim testimony & reference of the company makes the successful application process for executives during this waiting period almost impossible. However, the skillful attorney can have the termination agreement provisions, severance pay and outplacement fee prepared ready to sign by the conciliation hearing at the latest and, if necessary, get the judge's recommendation on this. The judge's recommendation can facilitate enforcement in the company for all parties.
