Germany · Evidence Replay
Germany · Evidence Replay
We simulate what opposing counsel would reconstruct from the employer’s evidence — before they do it in court.
Get an evidence replay result in 72 hours:
Replayable from evidence · Replay weakened (missing evidence) · Replay weakened (procedural defect)
Aram Algorithm replays completed German termination decisions through an eight-gate architecture (G0–G7) using contemporaneous evidence only. It shows you where the evidence trail holds, where it weakens on missing artifacts, and where it weakens on procedural defect.
Many termination decisions are substantively justified but documentation-fragile. This replay identifies that fragility before external scrutiny does.
Delivered in two artifact modes with turnaround from 12 to 72 hours. It does not monitor employees, integrate with HR systems, or provide legal advice.
You submit a completed termination decision. Germany only.
G0 Evidence Admissibility Gate: only contemporaneous evidence enters the replay. Post-hoc material is flagged and excluded.
Gate-by-gate adversarial evidence reconstruction through G1–G7.
You receive an evidence replay result — replayable, weakened on missing evidence, or weakened on procedural defect — with a severity-prioritised gap map, in your selected artifact mode.
You know the doctrine. You assess proportionality. You determine strategy.
The risk is rarely doctrinal misunderstanding — it is evidentiary asymmetry under reconstruction.
We simulate how opposing counsel might reconstruct your client’s evidence file across nine structural checkpoints:
§102 BetrVG hearing completeness • Social selection structure • Ultima ratio documentation • Notice and formal validity • Contemporaneous evidence admissibility • Consistency across the evidentiary chain
The replay does not substitute legal strategy or argumentation. It surfaces structural evidentiary gaps — and nothing else. You retain full legal framing, argumentation, and privilege control.
Privileged Work Product mode: full gate analysis addressed to you by name, structured to support attorney work-product and privilege handling. Final privilege determinations remain with counsel.
Fast turnaround aligned to litigation deadlines: 72h, 24h, or 12h.
You may already have external counsel. You may believe the termination is substantively justified.
But works council challenges and Kündigungsschutzverfahren proceedings examine documentation — not intention.
We replay your completed termination to assess whether the documentation trail is structurally complete:
Are works council submissions fully mirrored in file documentation? • Is social selection demonstrable from contemporaneous artifacts? • Would a judge encounter documentation gaps under file reconstruction?
This is not a legal opinion. It is a documentation completeness review.
Client-Facing Evidence Review mode: neutral evidence-completeness framing safe for HR/GC review.
No integration, no monitoring — we replay from documents you provide.
The objective is clarity before escalation — not escalation itself.
These gates reflect recurring review patterns in German labour court reasoning.
Under fail-closed rules, missing evidence does not default to compliance. If documentation is absent at any gate, the gate is marked as weakened.
Fully loaded case (operational, works council present, severely disabled employee, AI used): G0 (7 sub-gates) + G1 (8 sub-gates) + G2 (7 sub-gates) + G3 + G4 + G5 + G6 + G7 = 26 evaluation points across 8 gates.
Full gate-by-gate analysis with ternary findings (DEFENSIBLE / INDETERMINATE / NOT DEFENSIBLE). Addressed to the instructing lawyer by name. Every page marked “PRIVILEGED AND CONFIDENTIAL.”
Structured to support attorney work-product and privilege handling. Final privilege determinations remain with counsel.
Sanitised evidence-completeness summary. Neutral language: “evidence complete / partially documented / not documented.” No “failure” or “not defensible” language.
Findings are framed in evidence-completeness terms rather than legal conclusions. Suitable for HR/GC review. Designed to be low-risk if disclosed.
Both modes generated from the same underlying gate analysis. No additional replay time required. Lawyer selects mode at intake.
If a replay identifies weaknesses, the result reflects evidentiary insufficiency under fail-closed rules — not a legal conclusion about the termination itself.
We are onboarding three employer-side firms into a structured calibration cohort. Cohort participants receive full G0–G7 evidence replay at calibration-phase pricing while we refine turnaround workflows and artifact packaging.
Post-cohort pricing: €7,500+ per decision.
Urgency Turnaround
For cases with litigation deadlines. Applied to any single or pack engagement.
Default turnaround for all engagements.
For imminent hearing dates. Same full scope.
Dedicated engineer. Einstweilige Verfügung timelines.
Calibration cohort pricing. Fees cover evidence replay output only. Not legal advice. Scope remains fixed to protect output integrity and comparability. Both artifact modes included in every engagement.
“Does this replace legal review?”
No. It supplements structural evidence reconstruction. It does not interpret law, recommend arguments, or render legal conclusions.
“Is this discoverable?”
Mode A is structured for attorney work-product handling. Distribution remains under lawyer control. Final privilege determinations remain with counsel.
“Why run this if I’ve already reviewed the case?”
Strategic legal review and structural evidence reconstruction are different analytical lenses. One assesses argument. The other tests whether the documentation chain supports it under adversarial reconstruction.
“What if the replay identifies weaknesses I didn’t catch?”
That is the point. Better to surface documentation gaps in a privileged work-product context than have opposing counsel surface them in court.
“Why is calibration pricing lower than post-cohort?”
Calibration cohort participants help us refine turnaround workflows and artifact packaging. Post-cohort pricing (€7,500+ per decision) reflects the fully hardened instrument. This is version-based pricing, not a discount.
An adversarial evidence replay reconstructs a completed German termination decision through eight statutory gates (G0–G7) using only contemporaneous evidence. Each gate maps to a checkpoint German labour courts apply: works council hearing under Section 102 BetrVG, social justification under Sections 1–2 KSchG, ultima ratio proportionality, and discrimination screening under AGG. The replay identifies where documentation holds, where it weakens due to missing artifacts, and where procedural defects exist — before opposing counsel performs the same reconstruction in court.
Section 102 BetrVG requires the employer to hear the works council (Betriebsrat) before issuing any termination. The employer must notify the works council of the employee's identity, termination type, notice period, and reasons. The works council has one week for ordinary terminations and three days for extraordinary (fristlose) terminations. A termination issued without proper works council hearing is void.
To defend a conduct-based termination under Section 1 KSchG, an employer needs contemporaneous documentation of the specific misconduct, at least one prior warning (Abmahnung), a negative prognosis, proportionality analysis showing termination is the ultima ratio, and the complete works council hearing record under Section 102 BetrVG.
German law establishes seven special protection categories requiring external authority approval: pregnant employees (Section 17 MuSchG), employees on parental leave (Section 18 BEEG), severely disabled employees (Section 168 SGB IX), works council members (Section 15 KSchG), data protection officers (Section 38 BDSG), election board members, and employees in military or civil service. Termination without required approval is void from the outset.
Submit your case details. We confirm scope eligibility, G0 evidence intake requirements, and engagement terms within one business day.
If your case is out of scope, we tell you fast — no charge.
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