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Getting Fired in Germany: What Actually Happens

Dismissed in Germany? Your employer had to follow strict rules – and probably didn’t follow all of them. Here’s what to check, and why you need to move fast.

A termination letter starts a process, it doesn’t end one.

Received a dismissal? Unlike in the U.S., in Germany the Kündigungsschutzgesetz prevents you from being fired at will. An employer has to meet a long list of requirements: written form, proper signature, prior warning in most cases, works council consultation if one exists, a valid reason if you’ve been employed for more than six months in a company with more than ten staff. If any one of those is missing the dismissal can be invalid.

But only if you challenge it which can only be done within three weeks of the letter arriving. So the most important thing to read first is the three-week deadline.

A summary dismissal – fired with immediate effect – sets a high bar. Courts overturn these regularly.

If your company has a works council, it had to be consulted before your dismissal. It often wasn’t, or not properly.

In most cases, your employer had to issue a formal written warning before firing you. No warning means the dismissal is invalid.

Collective agreements are rules you never signed but which apply to you anyway. Tarifvertrag and Betriebsvereinbarung explained.

Getting threatened with dismissal for using ChatGPT? AI and dismissal covers the current state of the law.

Court Decisions

These decisions of differnet courts are about the topc “dismissal”:

(pls. scroll aside)

FAQ

Do I have to give a reason when I challenge a dismissal? No. You file the claim; your employer has to justify the dismissal in court.

My employer says I’m still in probation. Does the three-week rule apply? Yes. Dismissal protection is weaker during probation, but the filing deadline is the same.

Can I negotiate a settlement and still file a claim? Yes, and you should. Filing doesn’t stop negotiations. Not filing while you negotiate is how people lose valid cases.

What does this cost? The standard claim value is three months' gross salary. Get in touch and I’ll give you a straight answer.

Contact:

You can reach me by phone on regular business hours: +49-30/34060478, Whatsapp (text): +4916091067827 oder Email: helpline@meier-bading.de RA Meier-Bading has been working as a lawyer since more than 20 years.
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