Terminated by your employer?
Find out what steps to take now.
You have received a notice of termination from your employer?
Now it is crucial to act swiftly and correctly – because once you receive the termination, a critical deadline begins: you have only three weeks to file a dismissal protection claim with the labor court. After this period, it is often too late to challenge the dismissal – even if it was legally invalid.
As a certified specialist attorney in labor law, I will support you in assessing your situation with legal certainty and in making the most of your options.
Together, we will address the typical questions that arise after receiving a termination notice.
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Is the termination effective?
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Is it advisable to file a dismissal protection lawsuit?
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Which costs arise?
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Is there a possibility of receiving severance pay?
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What happens to remaining vacation and overtime?
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When will you receive an employment certificate?
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What else is there to keep in mind?
I support you in taking the appropriate steps at the right time to protect yourself from financial losses and legal risks.
Experience & Expertise
Prompt resolution of your questions
As an experienced specialist attorney for employment law, I focus on providing legal advice to employees and executives upon receiving a termination notice. My goal is to bring clarity to your case and address your questions promptly and flexibly through an initial telephone consultation. Do not hesitate to obtain employment law advice and schedule an initial consultation.
Frequently asked questions
1. Is the dismissal legally valid, and is it advisable to take action against it?
This is an important question that unfortunately cannot be answered in general terms but must be assessed specifically based on your individual case. When applying the Protection Against Dismissal Act (Kündigungsschutzgesetz), the validity of the termination depends not only on whether a factual situation exists that fulfills one of the statutory grounds for dismissal but also on additional factors that can be clarified in an initial consultation (e.g., whether the written form requirement was observed, whether a works council exists and had to be consulted, whether the Protection Against Dismissal Act applies, etc.).
Due to the strict and employee-friendly dismissal protection regulations in Germany, it is generally challenging for employers to issue a legally valid termination. In addition to a substantive legal ground for dismissal (i.e., a factual situation that meets the statutory requirements), certain formal obligations must also be observed. Violations, such as non-compliance with the written form requirement or the obligation to consult the works council, if applicable, may render the dismissal invalid.
For this reason, it is advisable in most cases to challenge a termination in court.
2. How much time do I have to take action against the termination?
This question is of crucial importance. You must strictly observe the statutory deadline of three weeks from the receipt of the termination (§§ 4, 7 KSchG). If a dismissal protection lawsuit is not filed within this period, the termination is automatically considered effective — even if it may be legally ineffective. A late lawsuit is only possible in exceptional cases.
3. Am I entitled to severance pay?
Under German law, there is generally no legal entitlement to severance pay.
Possible Exceptions:
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Severance pay under a social plan: If a social plan provides for severance payments.
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Severance pay pursuant to § 1a KSchG: If the employer offers severance pay in the termination letter.
Why ist severance pay often granted anyway?
It is true that labor court dismissal protection cases frequently result in severance payments. This is because employers face a high litigation risk in such cases, as the legal requirements for a valid termination are very strict. To minimize this risk, employers often offer severance pay as part of an amicable settlement. This provides them with legal certainty that the employment relationship is definitively terminated. If the employer loses the case, this is usually associated with significant costs. By offering severance pay, the employer effectively mitigates the risk of an unfavorable court ruling.
What determines the amount of severance pay?
The payment and amount of severance depend largely on whether the termination is legally valid or not. The higher the employer’s risk of losing a dismissal protection case, the more likely a severance payment will be offered.
As part of an initial consultation, I will assess the prospects of success in your individual case and inform you about the likelihood and potential amount of severance pay.
4. Is the employer required to state the reason for the termination?
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 subject to dismissal protection under the German Protection Against Dismissal Act (see § 23 KSchG), a reason for termination must be provided. However, it does not need to be stated in the termination letter itself. The absence of a reason does not, in itself, render the termination invalid.
There are, however, exceptions where the reason for dismissal must be provided: For example, when an apprentice is dismissed outside of the probationary period. Additionally, an employee who has received an immediate dismissal has the right to request the reasons for termination. In such a case, the employer is required to provide the reasons in writing without delay (§ 626 Para. 2 S. 3 BGB).
5. Do I have to acknowledge the receipt of the termination?
The employer may ask you to acknowledge receipt of the termination by signing. In connection with the termination of the employment relationship, it may also occur that the employer requests your signature on additional documents, such as a receipt confirmation of the termination, a consent to the termination, a waiver declaration, or an agreement to a settlement or termination contract. Signing such documents could have negative consequences for you. If you are uncertain about whether to sign, the general advice is: do not sign anything. You are not obligated to confirm receipt of the termination, and you should not let yourself be pressured into doing so.
6. Fixed-term employment contract with only a digital signature – is it valid?
Whether a fixed-term contract that has been signed exclusively in digital form is legally valid depends on several factors. For a detailed explanation and practical advice, please read my blog article on fixed-term contracts and digital signatures.
In my blog article "FAQ Fixed-Term Employment Contract – What You Need to Know Before the Contract Ends", you’ll find clear and accessible answers to the most frequently asked questions.
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, among other things, the completed intake form and the relevant documents related to your case, in particular:
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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.
How I support you after termination notice
The process in 4 steps – from the initial consultation to filing a claim
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 Protection Against Dismissal Act (Kündigungsschutzgesetz – KSchG) applies – meaning the company regularly employs more than 10 employees – a termination is only legally valid if it is based on a statutory reason.
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.
Latest updates on the topic of termination
On my blog, I regularly discuss recent rulings related to termination.
When is a warning letter effective?
When do you get compensation for default of acceptance?
When is a termination letter considered as received?
ArbG Berlin, verdict of 06.01.2025
The warning letter is a central instrument in employment law, particularly in connection with terminations. A decision by the Berlin Labor Court highlights the importance of employees maintaining a professional and objective tone when expressing criticism in the workplace to avoid receiving a warning.
LAG, verdict of 11.09.2024
The Baden-Württemberg Regional Labor Court (LAG) establishes high standards for the offsetting of maliciously omitted earnings in cases of compensation for default of acceptance.
BAG, verdict of 20.06.2024
In dismissal protection proceedings, the question of when a termination letter is considered received is often disputed. The Federal Labor Court (BAG) provides clarity with its ruling of June 20, 2024 (Case No.: 2 AZR 213/23)
Janina Aue, Laywer & Mediator
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
Königstor 23, 34117, Kassel
Fixed-term employment contract – what you need to know before the deadline expires
A fixed-term employment contract often raises important legal questions – particularly regarding the permissible duration, the validity of the limitation, and the potential for conversion into a permanent employment relationship. Many employees are unsure whether their contract is legally valid or whether they may in fact be entitled to a permanent position.
Important: If there are doubts about the validity of the fixed term, you should seek legal advice in good time. A legal claim to establish a permanent employment relationship (“conversion claim”) must generally be filed within three weeksafter the contract has expired.
You can find more information in my current blog articles:
Benefit from me as your lawyer:
Expert in employment law: More than 8 years of experience as a lawyer in labor law, more than 5 years as a specialist lawyer in labor law.
Transparency, clarity, comprehensibility: I will provide you with comprehensive information about the costs, the procedure and your chances of success.
Prompt and flexible appointments (also possible on weekends, if necessary): Make an appointment by email or using the contact form as I am in meetings frequently. I will get back to you as soon as I am available again.
Digital support throughout Germany: regardless where your company is based, where you work or live.
Contact Me:
Digital-Support within Germany
Would you like to discuss how we can work together? Write me an email or get in touch using the contact form. I am looking forward to hearing from you!
+49 561-22077560
Königstor 23, 34117, Kassel