Florian Garden advises German and international companies, managing directors and executives in all areas of individual and collective employment law.
Florian Garden studied law at the Ruprechts-Karls University in Heidelberg. During his legal clerkship in Freiburg i. Br., Mr. Garden worked as a research assistant at a supra-regional law firm in the south of Germany. He also worked part-time for the public prosecutor’s Office in Freiburg i.Br. and Waldshut-Tiengen, where he also gained experience in criminal Litigation. Already during his studies and legal clerkship, Mrd. Garden focused on labour and social law.
Since being admitted to the bar, Mr. Garden has worked for about two years in the employment law department of a major international law firm in Hamburg, where he advised German and international companies as well as executives in all areas of individual and collective employment law. One of his main areas of practice is advising international companies on their entry into the German labour market and advising large German companies on collective employment law.
We support you in all employment law issues that may arise in your daily business. Our clients appreciate our availability, quick response time for any clarification of labor law issues. Would you like support in drafting a complex warning letter, drafting a home office agreement, negotiating a termination agreement, do you have a question regarding the participation rights of the works council or do you need an employment law evaluation of a planned course of action? We are at your side as reliable advisors.
Changes of operation require the information and involvement of the works council together with subsequent negotiations of a reconciliation of interests and a social plan. In many cases, we clients in in such negotiations on operational cutbacks and extensive staff reduction measures. However, just as important as the negotiations and the subsequent implementation of the measure is the planning in advance. Here, too, we are happy to work with you to develop the most effective approach for achieving the economic goals.
We have many years of experience in negotiating works agreements, be it on working time regulations or the design of variable compensation models. We are happy to provide individually tailored solutions for making the best of the broad room for manoeuvre that the German Works Constitution Act (BetrVG) provides for both employers and works councils.
“The right man or woman in the right place” – that should be the goal of personnel planning. We are happy to assist you with the implementation of your HR policy as well as with the optimal amendment of existing employment contracts. And if you should decide, that a prosperous collaboration with a specific employee is no longer possible, we will advise you in terms of any options for separation and assist with their extrajudicial implementation or judicial assertion.
We have extensive experience in litigation in front of labour court, civil courts as well as social and administrative courts. We are happy to represent your legal interests in court nationwide.
Internal investigations often lead to findings that require actions with consequences under employment law. In addition to the short deadlines for terminations in employment law, we examine and assert claims for damages on your behalf and, in cooperation with our white-collar criminal lawyers, ensure in particular that the evidence obtained during the internal investigation can later be used in court. We also ensure close cooperation with external partners such as experts and business detective agencies. Of course, we also coordinate any accompanying steps under criminal law, such as the filing of criminal charges or the involvement of investigating authorities.
Questions of (employee) data protection have increased massively in recent years. Due to new legal regulations, companies are threatened with high liability risks and new fields of action are opening up in which employers should become active. We will be happy to review and discuss with you and your data protection officer whether you are up to date in this regard.
Whistleblowing hotlines or other whistleblowing systems are an important part of labour law compliance measures. We support you in the implementation and design of such measures and are also happy to be your external ombudsman or “lawyer of confidence”.
We represent executives, senior managers and authorized signatories in asserting their interests under employment law against employers. Particularly in cases of threatened or effected dismissal, we work with you to find the best way to achieve your desired goal. With us, you will receive a well-founded and realistic assessment of your options and what is economically feasible. This may be to obtain a high severance payment, or it may even be a more consensual approach: We are proficient in both and, as advisors to employers, are particularly familiar with the company’s perspective and the special situation of executive employees.
Managing directors and board members play a special role as bodies authorized to represent the company. Labour law does not apply directly, although the employment contract situation regularly has parallels to labour law. In addition, there are for example special remuneration models which are often based on the success of the company or include Employee Share Programs. Careful drafting of the employment contract is essential in order to be best positioned in the event of any subsequent disputes. We will be happy to review your employment contract in advance or to assert your interests in disputes with the company.
We provide training to managers, HR departments as well as employees. We adapt to the specific needs of the companies and offer inhouse seminars as well training in our offices.
Hamburg Bar Association
Labour Law Section of the German Bar Association