Termination - tips for employees

You have been dismissed and don't know what to do now? Don't worry, you are not alone. Every year thousands of people in Germany are dismissed and face the challenge of finding a new job and defending themselves against unfair dismissal.

Notice of termination received - what do I have to do immediately?

Seek advice from a lawyer

Before you decide to simply accept a termination, you should at least seek legal advice. Because most of the time, the terminations are not even effective.

If you have been dismissed, you should react quickly, because an action for protection against dismissal must be filed within three weeks of receipt - otherwise the dismissal becomes effective and there is "nothing more to be done".

Report immediately to the Federal Employment Agency

As soon as you have received the notice of termination, you should contact the Federal Employment Agency in person. However, you should also contact the Federal Employment Agency as soon as you become aware that your employer intends to terminate your employment.

As soon as you receive the notice of termination, you only have 3 days to report to the employment agency in order to avoid a blocking period for unemployment benefits.

Is the reason for termination legally valid?

Notice of termination must be given in writing. Verbal terminations are invalid. There must also be a reason. What entitles your employer to terminate your employment depends on whether the termination is without notice or without notice and whether the Dismissal Protection Act applies.

What is the difference between termination without notice and termination with notice?

Termination without notice (also called extraordinary termination) ends the employment relationship with immediate effect. However, there must be a so-called important reason for this. Otherwise the termination is invalid. In the case of a termination with notice and due cause, your employer must observe the notice period. The length of your notice period is specified in your employment contract, a collective agreement applicable to your employment relationship or in the law.  

What can I do against termination (without notice or with notice)?

You can have the effectiveness of the dismissal (i.e. whether your employer was right to dismiss you and the employment relationship ends) reviewed by the labour court by filing a lawsuit.

In the case of termination without notice, it depends on whether there are so-called important reasons. The employer must prove these reasons accordingly.

In the case of an ordinary (timely) dismissal, the court examines whether your employer was entitled to terminate the employment contract for personal, behavioural or operational reasons. However, the prerequisite is that the Dismissal Protection Act is applicable. If this is not applicable, the labour court examines whether your employer gave notice arbitrarily or in bad faith.

What is an action for unfair dismissal?

In an action for protection against dismissal, the labour court examines whether the dismissal is effective and terminates the employment relationship. For this to be the case, the dismissal must be justified on grounds of personal, behavioural or operational reasons.

However, the prerequisite is that the Dismissal Protection Act is applicable. You must have worked for your employer for more than six months and have more than ten regular employees.

What do I do if the Dismissal Protection Act is inapplicable or I have been dismissed without notice?

Even if the Dismissal Protection Act is inapplicable, you can also have the effectiveness of the dismissal reviewed and file a complaint with the labour court. The effectiveness requirements for such terminations are not as high as in cases where the Dismissal Protection Act is applicable.

You can also have the labour court check whether you were rightly dismissed without notice by filing a complaint.

When must the action for protection against dismissal be brought?

The complaint must be filed with the labour court within 3 weeks of receipt of the dismissal. If this deadline expires, the dismissal can become effective. But even then, in some exceptional cases, I can still try to help you to meet the deadline. Please contact me.

Are there alternatives to a lawsuit?

Yes, an alternative to a lawsuit is an out-of-court settlement with your employer. If, for example, your employer wants to terminate the employment relationship and no notice of termination has been given yet, the conditions of the termination can be regulated in a so-called termination agreement.

If you have already received notice of termination, you can agree on a so-called settlement agreement with the employer.

In a termination or settlement agreement you can regulate whether you will be paid severance pay and how much it will be. Furthermore, provisions can be made, for example, on leave of absence, remaining leave and references, so that further disputes can be avoided.

Am I entitled to a super reference?

You have a favourable reference to. You should have this issued quickly. Many references are also faulty or contain hidden references that do not immediately show that your reference puts you in a bad light. A reference should always be checked by a lawyer. I can also demand this for you.

Am I entitled to a super reference?

Dismissals are complex matters. Either you "want your job back" or you have to avoid disadvantages under social security law and, if possible, find an agreement with your employer regarding severance pay, etc.

I help you by first checking the legal situation. I will then give you a competent and safe assessment of the chances of success, i.e. whether you were rightly or wrongly dismissed. In addition, I discuss your goals with you.

If your goal is an out-of-court settlement, I will negotiate the terms of the termination of the employment relationship with your employer (e.g. a severance payment, the reference).

However, I will also file an action for unfair dismissal on your behalf and will be happy to represent your interests in court.

Fed up? Are you being bullied? You have already been warned several times? You would like to resign yourself?

Resignation - what you should bear in mind:

A spontaneous decision can have fatal consequences for you. Even if you want to resign for career reasons, you should still plan your own resignation carefully. It is advisable to carefully weigh up all the pros and cons with a lawyer.

Call me and I will try to develop a strategy together with you without threatening you with a blocking period at the employment agency.

Stay optimistic and don't get discouraged: Where one door closes, another often opens quickly.