After Dismissal: Deadline, Warning, Severance
What you need to know now
How I support you after termination notice
The process in 4 steps – from the initial consultation to filing a claim
You've received a notice of termination and are wondering what happens next? As a specialist attorney for employment law, I will support you reliably throughout the entire process – from the initial contact to representation in court.
(1) Initial Contact and Appointment Scheduling
Send me an email or call me without obligation so that we can schedule an appointment for an initial consultation.
(2) Submission of Preliminary Information and Documents
To optimally prepare for our initial consultation, I will ask you by email to submit in advance:
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the employment contract (including any supplementary agreements)
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any written warnings
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the notice of termination
You may already include a brief summary of the facts in your email, ideally with the following information:
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a short account of the events leading to the termination (approx. 5–10 sentences)
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the date you received the termination notice
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the number of employees in the company
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the duration of your employment
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whether any special protection against dismissal applies (e.g., pregnancy, parental leave, membership in the works council, etc.)
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whether legal expenses insurance exists and since when
This information enables me to optimally prepare for the initial consultation and to assess your legal options thoroughly.
(3) Initial consultation via Phone or Video Call
The initial consultation will take place either by phone or via video call, according to your preference. First, we will clarify the issue of costs. If you do not have legal expenses insurance, I will provide transparent information about the likely fees. Afterwards, I will assess the chances of success in filing a claim for protection against dismissal, potential severance opportunities, and strategic options for asserting your rights. We will also discuss your situation in detail and address common questions such as:
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Am I required to continue working, or have I been released from duties?
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Do I have a claim for compensation for unused vacation or unpaid overtime?
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Am I entitled to a favorable employment reference?
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Will I receive unemployment benefits?
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Any other individual questions arising from your case.
(4) Filing a Lawsuit, Settlement Negotiations with the Opposing Party, and Representation in Court
If there are sufficient prospects of success in a legal proceeding, I will promptly draft the claim for protection against dismissal and file it with the competent labor court. I will represent you in court and conduct negotiations with the opposing party on your behalf. It may be advisable to initiate dialogue with the opposing party either before or immediately after filing the claim, in order to negotiate potential settlement and termination terms at an early stage.
Recommended lawyer
Experienced in Unfair Dismissal Cases
Your Certified Employment Law Specialist
I have been practising employment law for more than ten years and have been a certified employment law specialist (Fachanwältin für Arbeitsrecht) since 2019. My focus is on unfair dismissal claims and on negotiating termination agreements and severance pay. I know the arguments and strategies employers use, and I represent your interests clearly and firmly – with an eye on a good settlement where it makes sense. I represent you before labour courts throughout Germany, by video hearing wherever possible.
Short professional profile:
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Lawyer in a labor law firm in Mainz (2015 - 2023)
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Specialist lawyer for labor law (since 2019)
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Law firm establishment in Kassel (2023)
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Mediator (since 2023)
Languages: German, English, Spanish
What my clients say
Mohannad Rajab
“Ms Aue represented me in my unfair dismissal claim against my employer and handled the case with great legal expertise, strong commitment and an excellent strategic approach. … The proceedings ended with a very good settlement, including a higher severance payment, payment of outstanding wages and a very good employment reference.”
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.”
Elif Yasin
“Ms Aue supported me excellently in a very challenging situation – my dismissal and everything that came with it. … From the very beginning, she took the time to answer my questions in detail and to explain my legal options clearly. Thanks to her expertise and strategic approach, I was able to handle the dismissal professionally and reach a fair outcome.”
Google review (translated from German)
Google review (translated from German)
Google review (translated from German)
All Google reviews: Google Business Profile
How to Increase Your Chances of Severance Pay
After a dismissal, the question of severance pay and how much it should be often arises.
As a rule, there is no legal right to severance pay in Germany, with a few exceptions (e.g. a social plan, Section 1a of the Dismissal Protection Act (KSchG) or termination by the court under Sections 9 and 10 KSchG). In practice, however, severance payments are often made, particularly as part of court settlements or negotiations on a termination agreement. This allows the employer to achieve its goal of no longer having to employ the employee and to avoid the risk of losing an unfair dismissal claim.
The amount of severance pay is often estimated using the so-called rule of thumb (half a gross monthly salary × years of service). In reality, the amounts can vary considerably depending on the prospects of success, the size of the company, your position, length of service, age and the economic situation, and they can also be significantly higher.
Whether severance pay is realistic, and how much, therefore depends mainly on three factors:
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your individual case, for example whether there are grounds for dismissal at all,
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consistent and skilful negotiation: as a third party, I can represent your position towards your employer more clearly and with more emphasis than you can yourself while still employed,
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an early legal review within the three-week limitation period.
For more information, read my latest blog articles:
Increasing Severance Chances. Severance After Termination: What Matters Now.
Invalid termination
These are the 5 most common mistakes employers make!
Receiving a termination notice is a stressful experience for any employee. However, not every termination is legally valid. Employers frequently make mistakes that can render a termination ineffective. The following list highlights some of the most common errors—though it is not exhaustive.
1. Mistake: Lack of written termination
An oral termination is generally invalid. To be legally effective, a termination must be made in writing, as required by § 623 BGB. "In writing" means that the termination letter must be in printed or handwritten form and must be personally signed by the employer or an authorized representative (see 2. mistake for details).
Tip: An email, WhatsApp message, or verbal communication is generally not considered a legally valid termination notice.
2. Mistake: Lack of termination authority
A termination is only valid if it is issued by an authorized person. In principle, this is the contracting party itself – meaning the employer (e.g., the owner, managing director, or authorized officer). If another person issues the termination, they must have valid authorization from the employer. In this case, the original power of attorney must be attached to the termination letter. If this is missing, the employee can reject the termination within approximately 5 to 7 days, rendering it initially ineffective.
Exception: A power of attorney does not need to be presented if it is generally known that the person signing the termination is authorized to do so (e.g., HR managers or department heads).
Tip: If there are doubts about the signing person’s termination authority and no original power of attorney is attached to the termination letter, the termination should be immediately rejected due to the lack of authorization. Rejecting the termination can buy you valuable time, as the employer may have to issue the termination again, potentially delaying the notice period. This can be particularly significant in the case of an immediate termination, as the delay could render it legally invalid.
3. Mistake: No valid reason for termination
If the Dismissal Protection Act (Kündigungsschutzgesetz – KSchG) applies – that is, if the company regularly employs more than 10 employees and your employment has lasted more than six months – a dismissal is only valid if it is based on a legal ground.
The law differentiates between:
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Operational terminations (e.g., staff reductions due to economic necessity)
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Behavior-related terminations (e.g., repeated violations of work obligations)
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Personal terminations (e.g., permanent incapacity to work)
If no such valid reason exists, the termination may be legally invalid.
Important: Employers are not necessarily required to state the reason for termination in the termination letter. More on this under "Frequently Asked Questions".
4. Mistake: failure to consult the works council
In companies with a works council, the employer must consult it before issuing any termination. If the employer fails to inform the works council or does not properly consult it, the termination is generally invalid for this reason alone.
Tip: After receiving a termination, you can ask the works council how your employer justified the termination and what additional information was provided. In later unfair dismissal proceedings, the employer can typically only rely on the reasons that were disclosed to the works council during the consultation.
5. Mistake: immediate termination and missing the 2-week deadline
According to § 626 (2) BGB, an extraordinary (immediate) termination can only be issued within a period of two weeks. The termination must be received by the employee within this exclusion period. The deadline begins when the authorized person becomes aware of the facts relevant to the termination. If further investigations into the case are necessary, the start of the deadline is suspended – but only for as long as the employer conducts the investigation with due urgency.
Caution: If the 2-week period is exceeded, an immediate termination is no longer legally possible. However, the employer still retains the right to issue an ordinary termination in compliance with the relevant notice period. This ordinary termination may be based on the same facts that can no longer justify an immediate termination due to the missed deadline.
Nationwide Support – with a Focus on North Rhine-Westphalia, Bavaria and Lower Saxony
My office is based in Kassel. I work digitally and represent clients throughout Germany – with a focus on North Rhine-Westphalia, Bavaria and Lower Saxony. Since 2023, I have primarily represented clients before the following labour courts (Arbeitsgerichte):
Bayern
Arbeitsgericht München (Munich)
Hessen
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Arbeitsgerichte Kassel
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Arbeitsgerichte Wiesbaden
Niedersachsen
Arbeitsgerichte Göttingen
Nordrhein-Westfalen (NRW)
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Arbeitsgericht Düsseldorf
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Arbeitsgericht Herne
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Arbeitsgericht Köln (Cologne)
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Arbeitsgericht Paderborn
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Arbeitsgericht Solingen
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Arbeitsgericht Vreden
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Arbeitsgericht Wesel
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Arbeitsgericht Wuppertal
Rheinland-Pfalz
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Arbeitsgericht Mainz
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Arbeitsgericht Koblenz
Latest Update: Oct. 2026
Frequently asked questions
1. Is the dismissal legally valid, and is it advisable to take action against it?
In most cases, it is worth challenging a dismissal – but whether it is legally valid depends on your individual situation. Where the Dismissal Protection Act (Kündigungsschutzgesetz) applies, it matters not only whether there are facts that meet one of the statutory grounds for dismissal, but also other circumstances that can be clarified in an initial consultation (for example, whether the written form was observed, whether a works council exists that had to be consulted, whether the Dismissal Protection Act applies, etc.).
In general, German dismissal protection law is strict and employee-friendly, which makes it difficult for employers to issue a legally valid dismissal. In addition to a substantive ground for dismissal, formal requirements must also be met. Violations – for example of the written form requirement or of the obligation to consult the works council, if there is one – can render the dismissal invalid.
2. How much time do I have to challenge the dismissal?
You have three weeks from receiving the termination notice to file an unfair dismissal claim (§§ 4 and 7 of the Dismissal Protection Act). If no claim is filed within this period, the dismissal is automatically deemed valid – even if it would otherwise have been legally invalid. A late claim is only possible in exceptional cases.
3. When is a termination notice considered received?
A termination notice is considered received as soon as it reaches your sphere of control and you could normally be expected to read it – for example, once it is in your letterbox. Whether you actually open the letter does not matter. If it is delivered during normal postal delivery hours, it is usually deemed received on the same day. If it is delivered later, for example late in the evening, it is usually deemed received on the following day. Important: the three-week deadline for filing an unfair dismissal claim starts when the notice is received – not on the date stated in the letter. More on this in my blog article: Termination: receipt & verification
4. How does an unfair dismissal claim work and how long does it take?
Once the claim has been filed, the labour court first schedules a conciliation hearing. At this hearing, the court tries to help you and your employer reach an agreement. Many cases end at this hearing or shortly afterwards with a settlement, often including severance pay. If no agreement is reached, a further hearing follows at which the court decides the case. How quickly hearings take place varies considerably between labour courts: some schedule them within a few weeks, others take several months. In our initial consultation, I will tell you what timeframe to expect at your labour court. Many labour courts allow hearings by video, which I request wherever possible.
5. Am I entitled to severance pay?
Under German law, there is generally no right to severance pay. Exceptions include a social plan or an offer of severance pay under Section 1a of the Dismissal Protection Act in the termination letter. In practice, however, unfair dismissal proceedings often end with a severance payment, because it allows the employer to buy its way out of the risk of losing the case. What determines the amount is explained further above in the section on severance pay.
6. Is the employer required to state the reason for the dismissal?
No, as a general rule, the employer is not required to specify the reason for termination in the written notice. If the employment relationship is covered by the Dismissal Protection Act (see § 23 KSchG), a valid reason for dismissal must exist, but it does not need to be stated in the termination letter. The absence of a reason in the letter does not, in itself, render the termination invalid. There are exceptions, however, where the reasons must be communicated – for example, when an apprentice is dismissed after the probationary period. In addition, an employee who has received a summary dismissal has the right to ask for the reasons. In that case, the employer must provide them in writing without delay (§ 626 (2) sentence 3 of the German Civil Code).
7. Is a dismissal automatically valid if I have received a prior warning?
No. A dismissal for misconduct generally requires a prior warning (Abmahnung), but a warning does not automatically make the dismissal valid. The warning itself must be valid: it must describe the misconduct specifically, warn of consequences if it happens again, and the allegation must be true. In addition, the dismissal must be based on a further, comparable breach of duty, which the employer has to prove. Even a warning you did not challenge at the time can still be reviewed in unfair dismissal proceedings. If you have received one or more warnings, it is therefore worth having your case examined carefully. More on this in my blog article: Dismissal After a Warning: Is It Automatically Valid?
8. Can I be dismissed without a prior warning?
Yes, but not in every case. A dismissal for misconduct generally requires a formal warning (Abmahnung) first. Only in cases of particularly serious misconduct – such as theft or working time fraud – may an employer dismiss without a prior warning. Dismissals for operational reasons or for reasons relating to the employee's person do not require a warning. If the Dismissal Protection Act does not apply – for example in a small business – the employer generally needs neither a reason nor a warning. Whether a warning would have been required in your case is often a key point in an unfair dismissal claim.More on this in my blog article: Termination without warning
9. Do I have to confirm receipt of the dismissal?
No, you are not obliged to confirm receipt of the termination notice with your signature. Employers nevertheless often ask for it. In connection with the end of the employment relationship, the employer may also ask you to sign other documents, such as a declaration of consent to the dismissal, a waiver, or a termination or settlement agreement. Signing can have adverse consequences for you. If you are unsure whether to sign, the general rule is: it is better not to sign anything. You are not obliged to confirm receipt of the dismissal. Do not let yourself be pressured.
10. How much does an unfair dismissal claim cost?
That depends mainly on your gross monthly salary. Legal fees and court fees are based on the value in dispute, which in an unfair dismissal claim is usually three gross monthly salaries. In the first instance before the labour court, each side bears its own legal fees – regardless of who wins (Section 12a of the Labour Courts Act). If the case ends in a settlement, no court fees are charged. If you have legal expenses insurance that covers employment law, it will usually pay the costs. I will clarify the costs with you transparently in our initial consultation.
11. 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 your documents by email. My office is based in Kassel, but I also represent clients before courts in other federal states, such as North Rhine-Westphalia, Bavaria and Lower Saxony – by video hearing wherever possible. You can find an overview of the labour courts where I have already represented clients here.
12. Fixed-term employment contract with only a digital signature – is it valid?
Whether a fixed-term contract that was signed exclusively in digital form is legally valid depends on several factors. For a detailed explanation and practical tips, please read my blog article: Fixed-term employment contract with a digital signature – is it valid? In my blog article FAQ Fixed-term employment contracts – what you need to know before the deadline expires, you will find answers to the most common questions about fixed-term contracts – clearly explained.
Latest Update: Oct.. 2026
Key Rulings on Dismissal
On my blog, I regularly discuss recent rulings related to termination.
When is a warning letter effective?
Labour Court Berlin, 6 January 2025
Criticism at work can quickly lead to a written warning. The Berlin Labour Court’s decision shows why you should always remain objective and factual when voicing criticism in a professional context.
When is back pay owed?
Regional Labour Court, 11 Sept 2024
If a dismissal is invalid, your employer usually owes your pay for the period in between. The court sets high hurdles for deducting income you could allegedly have earned elsewhere.
When is a dismissal received?
Federal Labour Court, 20 June 2024
The three-week deadline for an unfair dismissal claim starts on receipt. When a letter in your letterbox counts as received is often disputed. The Federal Labour Court has clarified this.
Have Your Dismissal Reviewed
Call me or send me an email with your termination letter and the date you received it. I will get back to you within 24 hours so that no deadline is missed. Consultations take place by phone or video call – wherever you are in Germany.
Available by phone: Mon–Fri 9 am–6 pm
Königstor 23, 34117 Kassel
Digital Support within Germany