1. Is the dismissal legally valid, and is it advisable to challenge it?

This is a crucial question that cannot be answered in a general manner but must be assessed based on the specifics of 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.).

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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.

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For this reason, it is advisable in most cases to challenge a termination in court.

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Important: Please note the statutory three-week deadline from the receipt of the termination notice (§§ 4, 7 KSchG). If no legal action is taken within this period, the dismissal is deemed valid—even if it is actually unlawful. A late claim is only possible in exceptional circumstances.

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2. Am I entitled to severance pay?

Under German law, there is generally no legal entitlement to severance pay.

Possible Exceptions:

• Severance pay under a social plan: If a social plan provides for severance payments.

• Severance pay pursuant to § 1a KSchG: If the employer offers severance pay in the termination letter.

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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.

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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.

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3. 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.

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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).

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4. 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.

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5. What is the process if I would like to have my termination reviewed by you?

(1) Please send me an email or call me for an initial, non-binding consultation so that we can schedule an appointment for an initial consultation.

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(2) Before the initial consultation, you may send me a brief summary of the facts, including the following information:

• A short description of the events leading to the termination (5-10 sentences),

• The date you received the termination notice,

• The number of employees at your (former) employer,

• The length of your employment,

• Whether you are pregnant, on parental leave, or serving on the works council or municipal council,

• Whether you have legal expenses insurance, and if so, since when.

​Please also send the relevant documents, such as your employment contract, any supplementary agreements, and the termination letter.

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(3) Initial consultation
During the initial consultation, which will take place by phone or via video call, we will discuss the cost question (specifically whether your legal expenses insurance covers the costs; if you do not have legal expenses insurance, I will inform you of the expected costs) and assess the likelihood of success in a wrongful termination lawsuit. Additionally, I will evaluate your chances of receiving a severance payment and address other related issues, such as release from work, unused vacation days, overtime, references, and a lot more.

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(4) After the consultation, if the prospects of success are sufficient, I will promptly draft a wrongful termination lawsuit and file it with the competent labor court. I will, of course, represent you in court and attend the relevant hearings on your behalf.

 

(5) Of course, I also handle negotiations with the opposing party on your behalf. In many cases, it is advisable to establish contact either before or immediately after filing a lawsuit in order to negotiate potential settlement and termination terms, such as severance payments, at an early stage.

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