Step 3: #SueYourBoss!

Below are 5 Steps to #SueYourBoss! for papers, plus a 6th step to withdraw your lawsuit.

1. Get your PAPERs

Get the basic documents needed:

  • your work CONTRACT
    • If you do not have a written contact, then get help.
  • your PAYSLIPS
    • Of the last three recent months
    • If you do not have (access to) your payslips or other work related papers, then you are on the fast lane to get all your work papers now. Read on!

Take photos and make TWO copies of all documents.

2. Get your EVIDENCE

  • Assertion of claims
    • You need to proof that you did formally make your claims before you filed the lawsuit

Take photos and make TWO copies of all evidence.

3. Fill out the lawsuit TEMPLATE

There are simple and complex lawsuits. The most common simple lawsuits are

Here are 3 steps to file a lawsuit for papers:

    1. Fill out the german template to file a lawsuit (see below)
      • If you do not understand german then use the english translation to fill out the german original
      • You can fill out the template digital (on your computer / mobile) or print it and use a pen
    2. Sign the filled out and printed german template with a pen
      • No digital signature!
    3. Take a photo and make a copy of the filled out german template
      • Keep the copy and photo as evidence

Working at Gorillas or Lieferando? Need an address? Here you go!

Templates to file lawsuits for papers

Print the non-editable documents below and fill it out with a pen:

This is how the lawsuit looks like. Yes, the lawsuit is only two pages! No big deal, right?

 

4. Get legal costs covered (legal insurance)

In short: The costs for lawsuits (in the first instance) can be up to 1.000 Euro.
1.000 Euro!?! How am I supposed to pay this? No problem! Please continue reading …

► Informations on legal costs.

There are three main ways to get your legal costs covered:

► More Informations to get your legal costs covered by legal insurances.

5. #SueYourBoss!

You filled out the german lawsuit template? Great now lets file the lawsuit at court!

  1. Get all nessesary documents together
    • your lawsuit,
    • your legal aid application and
    • your papers (from the steps before)
      • your contract
      • your payslips
        • alternatively your bank account printouts with payments
    • your evidence
      • your assertion of claims
  2. Make sure you have copies of all documents that belong to your lawsuit
  3. Send the signed lawsuit to court (Check informations on sending documents with proof of delivery)
    • by mail
    • by FAX
    • Alternatively: bring it yourself to court
  4. Get the first letter from court with
    •  the date of your first court hearing
    • if you applied for legal aid: informations if more informations are needed
  5. If you applied for legal aid: Get the second letter from court with
    • information if you will get legal aid or not

When you file your lawsuit you can ask for translation! Translations costs money but will be covered by legal insurance or legal aid. Courts can assign interpreters to you. If you know someone who can translate, then you can bring this person with you.

FIRST court hearing (conciliation hearing)

1-2 months after filing your lawsuit there will be the first court hearing. This is the “conciliation hearing”. The court wont make a ruling but evaluation the legal situation a bit and push that an agreement will be reached between both parties.

You do not have to agree to anything that you dont like. Its your right to get a proper (second) court hearing and get a ruling. But if you like the settlement you can accept it.

If you decide to do this hearing without a lawyer then the judge will take more time and explain more so you can better understand the situation.

If there is some important information missing that you can provide then the judge might ask you some questions. If you want to build up pressure: dont accept a settlement but say that you want a ruling in the second hearing.

If not settlement can be reached the judge will announce the deadlines where both parties can send in further arguments to court to substain their perspective on the lawsuits. Normally its 3 weeks for the claiment (plaintiff) and after that another 3 weeks for the defendant and then another 3 weeks for the claiment. Thats why lawsuits take time: both sides will get several weeks to make their point.

If you think you need help then it is advisable to involve a lawyer now.

SECOND court hearing (ruling)

4-6 months after filing a lawsuit there will be a second hearing. This is the real deal. The judge will make a ruling at the end of this hearing. But before that the judge will ask another time if an agreement can be reached. Maybe the situation changed after both sides substained their perspective with possible evidence.

Even at the second hearing you dont need a lawyer. You can do this on your own or with the help of co-workers or unions. If you think your case is clear you can do it on your own.

The judge might ask questions to you and the boss to understand the situation. And the judge might indicate whether they like your or the bosses arguments.

Whenever you have to take a minute and think about something or speak to someone who supports you: take a break! You can always request some minutes to think or talk to supporters.

At the end of the second court hearing (after 15-30 minutes) the judge will make a ruling. It might take up to 3 months until the court sends the written ruling to you. Both sides can object against this ruling upto 3 weeks after they recieved the written ruling. If no one objects the ruling is final and effective.

6. Withdraw the lawsuit (only if needed)

You can cancel (withdraw) a lawsuit any moment you like. This is normal and absolutely no problem. In many cases bosses will give you what you want after you filed your lawsuits but before a court will make a ruling on it.

► Template and more information on withdrawing lawsuits