Step 3: #SueYourBoss!

Below are 5 Steps to #SueYourBoss! for termination protection (“Kündigungsschutz”), plus a 6th step to withdraw your lawsuit. But be aware: you have to hurry!

3 weeks deadline for termination protection lawsuits

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

The three-week period starts when you receive the notice of termination. This is, for example, the day on which your employer’s letter of termination is in your letterbox or the notice was handed to you personally.

Notes:

  • The notice period of three weeks also starts if you are ill or on holiday.
  • The end of the period for bringing an action for unfair dismissal is the day of the week in three weeks after you received the notice of dismissal. If you received the notice of termination on a Tuesday, the end of the period for bringing an action for unfair dismissal is the Tuesday in three weeks. If this day falls on a Saturday, Sunday or public holiday, the end of the notice period is postponed to the next working day at midnight.

 

1. Get your PAPERs

Get the basic documents needed:

Take photos and make TWO copies of all documents.

2. Get your EVIDENCE

  • your proof TERMINATION
    • ok: any communication indicating that your boss wants to fire you.
    • paymentsbest: termination letter

Take photos and make TWO copies of all evidence.

3. Fill out the lawsuit TEMPLATE

There are simple and complex lawsuits. The most common simple lawsuits are

Here are 3 steps to file a lawsuit for termination protection (“Kündigungsschutzklage”):

    1. Fill out the german template to file a lawsuit (see below)
      • If you do not understand german then use the english translation to fill out the german original
      • You can fill out the template digital (on your computer / mobile) or print it and use a pen
    2. Sign the filled out and printed german template with a pen
      • No digital signature!
    3. Take a photo and make a copy of the filled out german template
      • Keep the copy and photo as evidence

Templates to file lawsuits for termination protection

Print the non-editable documents below and fill it out with a pen:

  • German original: “Kündigungsschutzklage”
  • English translation: (not available now)
    • Do NOT fill out the english version.
    • Use the english translation only to understand the german version.

Infosheet

This is how the lawsuit looks like. Yes, the lawsuit is only two pages! No big deal, right?

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

3. dismissal protection action without a lawyer? That is not a good idea!

You have the option of representing yourself in your dismissal protection action before the labour court.

However, we advise employees not to take legal action against dismissal without a lawyer.

Termination protection law is complex.

In addition, your employer will usually be represented by a lawyer. This would put you, as a legal layman, at odds with a professional.

The danger for the employee of falling into a trap is great.

 

4. Get legal costs covered (legal insurance)

In short: The costs for lawsuits (in the first instance) can be up to 1.000 Euro.
1.000 Euro!?! How am I supposed to pay this? No problem! Please continue reading …

► Informations on legal costs.

There are three main ways to get your legal costs covered:

► More Informations to get your legal costs covered by legal insurances.

5. #SueYourBoss!

You filled out the german lawsuit template? Great now lets file the lawsuit at court!

  1. Get all nessesary documents together
    • your lawsuit,
    • your legal aid application and
    • your papers (from the steps before)
      • your contract
      • your payslips
        • alternatively your bank account printouts with payments
    • your evidence
      • your assertion of claims
      • proof of worktime (imesheets, schedules)
  2. Make sure you have copies of all documents that belong to your lawsuit
  3. Send the signed lawsuit to court (Check informations on sending documents with proof of delivery)
    • by mail
    • by FAX
    • Alternatively: bring it yourself to court
  4. Get the first letter from court with
    •  the date of your first court hearing
    • if you applied for legal aid: informations if more informations are needed
  5. If you applied for legal aid: Get the second letter from court with
    • information if you will get legal aid or not

When you file your lawsuit you can ask for translation! Translations costs money but will be covered by legal insurance or legal aid. Courts can assign interpreters to you. If you know someone who can translate, then you can bring this person with you.

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

5. termination protection lawsuit procedure: How does a dismissal protection action proceed?
The lawsuit for protection against dismissal was filed on time? You have set the ball rolling. But how does an action for unfair dismissal actually proceed?

There are five steps in a termination protection action. 1:

1. the action for protection against termination is filed. 2. the action for protection against termination is filed.

2. your employer is served with the termination protection action by the court. 3. the court sets a conciliation hearing.

3) The court sets a conciliation hearing with the aim of ending the legal dispute at this point through an amicable settlement.

4 If the conciliation hearing is unsuccessful, there is a hearing in chambers. 5.

In the chamber hearing all aspects of the termination are discussed. There is again the possibility of an amicable settlement. If there is no agreement in the chamber hearing, the court will then decide by way of a judgment.

► Alot more detailed informations on the termination protection procedure by Lawyer Martin Bechert

FIRST court hearing (conciliation hearing)

1-2 months after filing your lawsuit there will be the first court hearing. This is the “conciliation hearing”. The court wont make a ruling but evaluation the legal situation a bit and push that an agreement will be reached between both parties.

You do not have to agree to anything that you dont like. Its your right to get a proper (second) court hearing and get a ruling. But if you like the settlement you can accept it.

If you decide to do this hearing without a lawyer then the judge will take more time and explain more so you can better understand the situation.

If there is some important information missing that you can provide then the judge might ask you some questions. If you want to build up pressure: dont accept a settlement but say that you want a ruling in the second hearing.

If not settlement can be reached the judge will announce the deadlines where both parties can send in further arguments to court to substain their perspective on the lawsuits. Normally its 3 weeks for the claiment (plaintiff) and after that another 3 weeks for the defendant and then another 3 weeks for the claiment. Thats why lawsuits take time: both sides will get several weeks to make their point.

If you think you need help then it is advisable to involve a lawyer now.

SECOND court hearing (ruling)

4-6 months after filing a lawsuit there will be a second hearing. This is the real deal. The judge will make a ruling at the end of this hearing. But before that the judge will ask another time if an agreement can be reached. Maybe the situation changed after both sides substained their perspective with possible evidence.

Even at the second hearing you dont need a lawyer. You can do this on your own or with the help of co-workers or unions. If you think your case is clear you can do it on your own.

The judge might ask questions to you and the boss to understand the situation. And the judge might indicate whether they like your or the bosses arguments.

Whenever you have to take a minute and think about something or speak to someone who supports you: take a break! You can always request some minutes to think or talk to supporters.

At the end of the second court hearing (after 15-30 minutes) the judge will make a ruling. It might take up to 3 months until the court sends the written ruling to you. Both sides can object against this ruling upto 3 weeks after they recieved the written ruling. If no one objects the ruling is final and effective.

6. Withdraw the lawsuit (only if needed)

You can cancel (withdraw) a lawsuit any moment you like. This is normal and absolutely no problem. In many cases bosses will give you what you want after you filed your lawsuits but before a court will make a ruling on it.

► Template and more information on withdrawing lawsuits