Have you received a termination notice from your employer?

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Lawyer Peter Weiler

What to do in the event of termination?

Have your termination checked. Many dismissals are invalid or unfounded. You may therefore have the opportunity to take successful action against the dismissal in order to obtain continued employment or a severance payment.

What is an action for unfair dismissal?

An action for protection against dismissal is a legal procedure before the labor court in which you take action against the dismissal in order to have the dismissal declared invalid. For the action to have a chance of success, your employment relationship must be subject to protection against dismissal. This is the case if

  1. You have been employed by the company for at least 6 months and
  2. Your employer employs more than 10 employees
    3. .

When will I receive a severance payment?

You do not automatically receive a severance payment. There is no basic statutory entitlement to severance pay. Severance pay is usually paid if the dismissed employee takes legal action against the dismissal. This is because dismissals are often invalid. Before the court determines this and your employer has to continue to employ you, they are usually more willing to pay a severance payment.

What does an action for unfair dismissal cost?

A distinction must be made between court costs and lawyer's fees:

Court costs: Filing an action for unfair dismissal with the court is free of charge. If a settlement is reached in the conciliation hearing, the matter remains free of charge in court.

It can become more expensive for the party who has lost the case if a judgment is handed down. The losing party must pay the court costs.

Lawyer's fees: If you file an action for unfair dismissal and are represented by a lawyer, you are responsible for your own lawyer's fees.

This means: costs are incurred from the time you hire a lawyer, before a conciliation hearing, until the judgment in the first instance. This is different in labor proceedings than in ordinary civil proceedings, in which the losing party always has to pay both its own legal fees and the costs of the other party.

Initial consultation without obligation and guaranteed free of charge.

  • Experienced
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Free initial consultation
  • Experienced
  • Assertive
  • Fast

How we work with you

  • Fill in the contact form

    You submit your termination via our contact form. We look at this in conjunction with the information you have sent us.

  • Free advice

    One of our lawyers specializing in dismissal protection claims will contact you and discuss with you the best course of action in your case. The consultation is free of charge

    .

  • Our offer

    Immediately after the initial consultation, you will receive our order documents, with which we will confirm our approach and the fee discussed in writing.

  • We get started

    Immediately after being commissioned, we start work, initiate the necessary steps and file an action for unfair dismissal on your behalf.

Your contact person

Erfahrungen & Bewertungen zu SOS Recht

Rechtsanwalt Peter Weiler Fachanwalt für gewerblichen Rechtsschutz

+49 30 206 436 810

Experienced in protection against dismissal

  • Specialized in dismissal protection lawsuits
  • Years of experience in employment protection
  • Immediate acceptance of your case
  • Enforcement strength in actions for protection against dismissal
  • Available for you nationwide
Free termination check

Initial consultation without obligation and guaranteed free of charge.

  • Experienced
  • Assertive
  • Fast
Free initial consultation
  • Experienced
  • Assertive
  • Fast

Does it make sense for me to file a dismissal protection suit?

In practical terms, the main effect of an action for unfair dismissal is that the employer cannot be sure whether the dismissed employee is leaving the company permanently or with legal certainty.

Because of this uncertainty, many companies are prepared to pay severance pay and issue positive references. From the employee's point of view, this speaks in favor of filing an action for unfair dismissal.

The following circumstances speak in favor of an action for unfair dismissal:

  • The dismissal is obviously or very probably invalid.
  • The employee is registered as unemployed and his/her chances on the labor market are not very good
  • Dismissal without notice has been given, but its justification is doubtful.
  • The employee loses significant salary payments due to immediate or premature termination for various reasons.

What is the deadline for filing an action for unfair dismissal?

Employees must take legal action within three weeks of receiving notice. This three-week period applies to both terminations without notice and terminations with notice by the employer, including notices of change of contract.

There are only two exceptions to this deadline:

1. The notice of termination was not sent in writing with a document signed by the employer, but rather, for example, verbally, by email or WhatsApp message. This violates the statutory written form requirement in accordance with Section 623 of the German Civil Code (BGB) for the termination of employment relationships and obviously renders the termination ineffective.

2. The termination is only possible with the prior consent of an authority. Pursuant to Section 4 sentence 4 KSchG, the notice period only begins to run after the employee has been notified of the authority's decision.

 

Mueller.legal initial consultation

If you as an employee have received notice of dismissal and therefore need to react rashly, we will be happy to advise you at any time.

Be sure to observe the three-week period for filing an action for unfair dismissal, which begins when you receive the letter of dismissal, and contact us before this period expires if you would like us to provide you with legal support.

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