Employment Law Knowledge
Dismissal received in Germany: what to do now
The most important first steps after receiving a dismissal in Germany, including the possible three-week court deadline.
After receiving a dismissal in Germany, it is important to remain calm and proceed in a structured manner. Do not sign additional declarations, settlement documents or acknowledgements without first understanding their legal and economic consequences.
Record when and how the dismissal was received
Write down the date, time and method by which the dismissal letter reached you. Keep the envelope, accompanying letter and any proof of delivery.
The date of receipt may determine when a court deadline begins. The date printed on the dismissal letter is not necessarily the legally relevant date.
Check the possible three-week court deadline
Under German employment law, an action challenging a written dismissal generally has to be filed with the competent labour court within three weeks after receipt of the dismissal.
Internal discussions or settlement negotiations do not automatically suspend the court deadline. A dismissal should therefore be reviewed without delay.
Preserve the relevant documents
The following documents are usually important for an initial assessment:
- employment contract and subsequent amendments
- dismissal letter and envelope
- recent remuneration statements
- bonus or target agreements
- warnings and relevant correspondence
- information concerning the position and actual duties
- collective agreements or works agreements, where applicable
- any proposed termination or settlement agreement
Do not sign additional documents prematurely
A dismissal may be accompanied by an acknowledgement of receipt, release agreement, settlement proposal, termination agreement or other declaration. Signing such a document may affect legal claims, severance negotiations, garden leave, outstanding remuneration, references or unemployment benefits.
Identify the intended outcome
Possible aims may include preserving the employment relationship, negotiating a severance payment, agreeing on garden leave, securing outstanding pay or bonus claims, obtaining an appropriate reference, correcting the termination date or arranging an economically reasonable exit.
Issues that may require legal review
The legal assessment may include written form, signature, legal receipt, notice period, dismissal grounds, general and special dismissal protection, works council involvement, contractual requirements and procedural options before the German labour court.