Getting Fired in Germany: What Actually Happens

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)

• Fired After Losing Your Manager Title? (BAG 2 AZR 89/25)
• Protected During Every Parental Leave Block?
• Did your dismissal letter never arrive? BAG · 6.5.2026 Auto Dismissal
• Can you be fired during probation without a real reason given? BAG · 6.5.2026 Auto Dismissal Works Council
• Burden of proof for not having worked remotely. ArbG Berlin · 25.3.2026 Auto Dismissal Works Council
• Dismissed During Probation Despite Severe Disability? BAG · 29.1.2026 Auto Dismissal Discrimination
• Can a side business justify immediate termination? ArbG Berlin · 27.1.2026 Auto Dismissal
• Can a rabbi be fired for sexual misconduct? LArbG Berlin-Brandenburg · 7.11.2025 Auto Dismissal Discrimination

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.

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