Received a Termination Agreement?
Online consultation throughout Germany
Employment law specialist reviews and negotiates
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Review of your termination agreement by a certified specialist
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Negotiation with your employer – directly or behind the scenes
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Advice by phone and video call throughout Germany
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Call back within 24 hours – often sooner
Before You Sign: What to Check
A termination agreement (Aufhebungsvertrag – also known as a settlement agreement or mutual termination agreement) ends your employment for good. Once you have signed it, it can generally no longer be undone. Have these four points checked first:
Suspension of Unemployment Benefit
By signing a termination agreement, you contribute to ending your own employment. The employment agency (Agentur für Arbeit) therefore often imposes a suspension period of up to twelve weeks (Section 159 of the Social Code III). A suspension can often be avoided – for example through the right wording of the agreement and the right end date. However, this may mean that the severance pay has to be limited. There is also no suspension if there is good cause for entering into the agreement. Whether the employment agency will accept good cause, however, can never be predicted with complete certainty. You should therefore have these questions clarified before you sign. Tip: Register as a jobseeker with the employment agency without delay – no later than three days after signing. If your employment still has more than three months to run, it is sufficient to register three months before it ends.
Amount of Severance Pay
As a rule, there is no legal right to severance pay. The amount is a matter of negotiation. What counts is how strong your position would be if your employer had to dismiss you instead. That is exactly what I assess for you.
What You Give Up by Signing
Unlike a dismissal, a signed termination agreement leaves you with hardly any way to defend yourself: there is generally no right of withdrawal, and an unfair dismissal claim is not possible. The works council does not have to be involved either. Special protection against dismissal – for example during pregnancy or parental leave – does not protect you here.
Every Clause Counts
Have the provisions on garden leave, remaining holiday, overtime, bonuses, your employment reference and company car checked as well. The exact wording often decides whether a clause works in your favour or against you. The so-called general settlement clause, usually found at the end of the agreement, is particularly important: it often means you waive all further claims – including ones you are not thinking of right now.
Termination Agreement or Dismissal?
A termination agreement is not automatically the worse option – but it is not your only option either.
If you reject it, your employer has to dismiss you if it wants to end the employment. You can challenge a dismissal by filing an unfair dismissal claim within three weeks. Whether this strengthens or weakens your negotiating position depends on your individual case. I will assess this with you.
Already received a termination notice? More on unfair dismissal claims
Empfohlene Anwältin
Don't Negotiate Alone
Your Certified Employment Law Specialist
Many employees first try to negotiate with their employer themselves. That is understandable, but often a disadvantage: you are personally affected, you depend on your employer, and you may not know the legal levers in detail. As your lawyer, I act as a third party. I represent your position clearly and firmly and set out the legal risks for your employer in concrete terms. At the same time, you no longer have to conduct the difficult conversations yourself. Your position is particularly strong if you do not have to sign the agreement and would be prepared to stay in your job if necessary. Your employer then has to make an offer that is worthwhile for you. In our initial consultation, I will give you a realistic assessment of how strong your position is.
How I Help You with a Termination Agreement
The process in 4 steps – from review to signature
(1) Get in touch:
Call me or send me an email. Please let me know straight away by when your employer expects you to respond to the termination agreement, so that we can make the best use of the time available.
(2) Send your documents:
The draft termination agreement, your employment contract (including any amendments) and brief details on: length of service, number of employees, special protection (e.g. pregnancy, parental leave, severe disability, works council), legal expenses insurance and whether your employer has threatened to dismiss you.
(3) Initial consultation by phone or video call:
We first clarify the costs. I then go through the risks of the agreement, the unemployment benefit question, your scope for negotiation and what happens if you do not sign.
(4) Negotiation and final review:
I negotiate directly with your employer on your behalf – or advise you behind the scenes if you prefer to conduct the talks yourself. Before you sign, I review the final version.
What my clients say
Khalil Khandouk (k.k.)
“I can recommend Ms Aue without reservation! During the negotiations on my settlement agreement, she advised me with outstanding strategic and legal expertise. She immediately spotted even the smallest pitfall set by the other side and was extremely responsive … I could not have wished for better or more competent support in this situation.”
Google review (translated from German)
towanda78
“I was represented by attorney Janina Aue in an unfair dismissal claim … I particularly valued her honest assessment of my prospects of success, her prompt availability and her understanding support in what was a very stressful situation for me personally.”
Google review (translated from German)
Julian Hartung
“I can recommend Ms Aue without reservation. She supported me in what was a very difficult employment law situation for me, concerning the end of my employment. … Thanks to her support in the negotiations with my employer, a very good solution for me was reached in the end.”
Google review (translated from German)
All Google reviews: Google Business Profile
Frequently Asked Questions About Termination Agreements
1. Do I have to sign a termination agreement?
No. A termination agreement is voluntary – it does not come into effect without your signature. If your employer still wants to end your employment, it has to dismiss you. You can challenge a dismissal with an unfair dismissal claim.
2. How much time do I have to think it over?
There is no statutory cooling-off period. However, you do not have to sign immediately, even if your employer is pressing you. Ask for time to consider and let me review the agreement first – a few days are often enough.
3. Can I get out of a termination agreement once I have signed it?
Generally not. Once a termination agreement has been signed, it can hardly be undone. Only in exceptional cases – for example in the event of an unlawful threat or deception – can the agreement be contested. It is therefore essential to have it reviewed before you sign.
4. Will I face a suspension of unemployment benefit after a termination agreement?
Often, but not necessarily. The employment agency usually imposes a suspension of up to twelve weeks if you contributed to ending your employment without good cause. In addition, your benefit may be suspended if the notice period is not observed. With the right drafting, or if there is good cause (wichtiger Grund), a suspension can often be avoided.
5. How much severance pay can I expect?
That is a matter of negotiation. Half a gross monthly salary per year of service is often used as a starting point. The actual amount, however, depends mainly on how strong your position would be if your employer had to dismiss you – and can be considerably higher or lower. More on this in my blog article: Increasing Severance Chances
6. My employer is threatening to dismiss me if I do not sign. What now?
Do not let yourself be pressured. An announced dismissal is not yet a dismissal – and even a dismissal that has been issued must first be legally valid. Employers often offer a termination agreement precisely because a valid dismissal would be difficult to achieve under German law. Whether your employer could validly dismiss you is therefore the key question for your negotiating position. I will review this with you before you decide.
7. How much does a review of a termination agreement cost?
An initial consultation is often sufficient for a first review. In it, I go through the draft agreement, the risks and your scope for negotiation with you. For consumers, an initial consultation costs no more than EUR 190 plus VAT (EUR 226.10 gross). If I then negotiate with your employer on your behalf or draft contract clauses, out-of-court fees are charged under the German Lawyers' Remuneration Act (RVG). The amount depends on the value of the matter, which for termination agreements is based mainly on your gross monthly salary. The cost of the initial consultation is credited against these fees. Legal expenses insurers often refuse to cover the costs of termination agreements: initially there is only an offer from your employer, so in their view no insured event has yet occurred. I will clarify the costs with you transparently at the start of our initial consultation.
8. Can I instruct you even if I do not live near Kassel?
Yes. I advise employees and executives throughout Germany by phone and video call – where you live does not matter. You can simply send me the draft agreement and your documents by email.
9. Do I need a lawyer to negotiate a termination agreement?
It is not mandatory, but often advisable. If you negotiate yourself, you are personally affected and dependent on your employer. As your lawyer, I act as a third party: I represent your position and your interests clearly and firmly and set out the legal risks for your employer in concrete terms. You no longer have to conduct the difficult conversations yourself. If you are generally open to signing a termination agreement, involve me early, while it can still be changed. Time is often short: with every month, the end of the notice period – and with it the termination date your employer is aiming for – moves further back.
Latest Update: October 2026
Janina Aue, Lawyer, Certified Specialist in Employment Law | Mediator
Short professional profile:
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Lawyer in an employment law firm in Mainz (2015 - 2023)
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Specialist lawyer for employment law (since 2019)
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Law firm establishment in Kassel (2023)
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Mediator (since 2023)
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Languages: German, English, Spanish
Königstor 23, 34117, Kassel
Have Your Termination Agreement Reviewed
Call me or send me an email with the draft termination agreement and the deadline by which you are expected to decide. I will get back to you within 24 hours. Please do not sign anything until then. Consultations take place by phone or video call – wherever you are in Germany.
+49 561-22077560
Available by phone: Mon–Fri 9 am–6 pm
Königstor 23, 34117, Kassel
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