Step 1: KNOW your rights

Quote from Lawyer Martin Bechert (translated with deepl.com):

With a lawsuit for termination protection, you can have the court determine whether your dismissal is admissible and therefore effective.

If your employer has not complied with the legal regulations or the clauses agreed in your employment contract, your dismissal is invalid. Your employment contract will then continue.

Conditions for a valid notice of termination are:

  • the written form (a verbal termination is not sufficient)
  • the notice of termination must be received by the employee
  • compliance with the notice periods (these depend on your employment contract or the law)
  • that the dismissal (with a few exceptions) is basically based on reasons
    [..]
    Important: Groups of people who are particularly worthy of protection have special protection against dismissal.

These include:

  • Severely disabled persons (dismissal only after approval by the Integration Office).
  • Pregnant persons
  • Mothers up to four months after childbirth
  • Mothers and fathers on parental leave
  • Trainees after their probationary period
  • Workers council members

All these persons can either not be dismissed at all or only under very high hurdles.

Contractural duties of bosses

With your work contract there come alot of duties for bosses. Concerning work TERMINATIONs the relevant duties of bosses are:

  • providing a proper written termination letter
    • signed by superiors with the power to fire
    • signed with a name of the person signing (NOT “rider support”)
    • with correct personal details
      • right first name, last name
      • right gender
      • right address
    • with a reason for the termination
    • with minimum the legal notice time
    • with involvement of an existing workers councils

So please dont give up in despair when you recieve a termination letter. Bosses make alot of mistake all the time, especially when they fire workers! Dont accept bosses treating workers without respect. We have to pay our bills, we need to work!

Below are steps that deal with TERMINATION issues. If you are missing PAYMENT then here is how to claim it.

“Termination protection law” (“Kündigungsschutzgesetz”)

The “termination protection law” (“Kündigungsschutzgesetz”) offers termination protection for workers who work in a company for more then 6 months in total! After 6 month the following three main things apply:

  • your notice time (period of time until a termination gets effective) is
    • at least 4 weeks and
    • starting in the beginning or middle (15th) of a month. (not at the day you recieved the termination letter)
  • you can not be terminated without a proper reason
  • an existing workers council has to have a say on your termination

Example for the correct calculation of notice time:

  • If you recieved your termination (in paper!) after the beginning but before the middle (15th) of a month, then the notice time starts at the middle (15th) of the month. Meaning that due to the 4 weeks notice time the termination is active in the middle of the following month.
  • If you recieved your termination in the time from after the 15th until the last day of this month, then notice time starts at the first day of the next month.
    Meaning that due to the 4 weeks notice time the termination is active in the end of the following month.

Confused? No problem! Click here to get to an online termination notice period calculator (german)!

Quote from Lawyer Martin Bechert (translated with deepl.com):

This is a great advantage for employees, because if the employer does not comply with the Dismissal Protection Act (intentionally or unintentionally), the employee can take legal action against his/her dismissal. Regardless of whether they want to keep their job or seek severance pay, the dismissal protection action is the way to go.

► Alot of more informations on termination protection lawsuits by Lawyer Martin Bechert

► More informations on SPECIAL termination protection lawsuits by Lawyer Martin Bechert

Common problems of workers regarding terminations

Some common cases where bosses fail to full their contractual duties:

  • The boss told you that you are fired and does not provide a written termination letter?
  • Your superior can not fire you but signed the termination letter (because management didnt bother to sign themselfes)?
  • Your boss says your are fired and you should not work anymore and you wont get paid?
  • Your termination letter states no notice time or a notice time of less then 4 weeks?
  • Your boss doesnt provide a reason for you getting fired?

All this is wrong! Whenever bosses do this they are violating the contract with their workers! When a workers contract is violated this workers is entitled to

Next steps to get your rights

Stop work and sueing sounds great, right?
Lets take the next steps to #SueYourBoss!