What should you do if you receive an unfair termination (Kündigung) from your employer in Germany?
Your question is extremely important. Here are the practical, step-by-step actions you should take in Germany if you receive what you believe to be an unfair or unjustified termination (Kündigung) from your employer:
You must act immediately:
German law gives you only 3 weeks from the date you receive the written notice of termination (Kündigung) to file an official objection at the labour court (Kündigungsschutzklage beim Arbeitsgericht).
If you miss this deadline, the termination becomes legally effective – even if it was actually unlawful!
Contact a labour law specialist (Fachanwalt für Arbeitsrecht) or your trade union, if you are a member, as soon as possible.
Show them your termination notice and all relevant documents and emails.
Ask them to file a Kündigungsschutzklage (unfair dismissal claim) against the termination.
You can also go personally to the legal application office (Rechtsantragsstelle) of the labour court (Arbeitsgericht).
The court staff there will help you free of charge to draft and file the claim.
The original termination letter (Kündigungsschreiben).
Your employment contract (Arbeitsvertrag).
Your latest payslips (Gehaltsabrechnungen).
Any evidence that supports your case, e.g.:
previous warnings,
witness statements from colleagues,
emails, written messages, internal notes.
Documents showing your length of service and any collective agreements (Tarifvertrag) that may apply.
The court will first schedule a conciliation hearing (Gütetermin):
You, your employer and possibly your lawyers meet at the court.
The court tries to achieve an amicable settlement, usually involving a severance payment (Abfindung) or a return to your job.
If no settlement is reached:
The court will continue with the case and decide whether the termination was lawful or unlawful.
A termination is often unlawful if:
it has no valid legal reason under the German Protection Against Dismissal Act,
it is based on discrimination, retaliation or personal hostility,
legal or procedural rules were violated, e.g.:
the works council (Betriebsrat) was not properly consulted,
the notice period was not respected,
special protection rights were ignored.
You enjoy special protection if, for example, you are:
pregnant,
on parental leave (Elternzeit),
severely disabled or officially equated to a severely disabled person.
In such cases, termination is only possible with the approval of a competent authority.
In many cases, the burden of proof lies largely with the employer.
Apply for unemployment benefits (Arbeitslosengeld) at the Agentur für Arbeit immediately,
even if you are convinced that you will win your case in court.
If the court rules or a settlement is reached in your favour, you may:
return to your job, or
receive a severance payment (the amount depends on negotiations and the case).
Never ignore a termination – you only have 3 weeks to challenge it.
Contact a labour lawyer or your trade union immediately.
Collect all documents and file a Kündigungsschutzklage at the Arbeitsgericht.
Pursue your rights consistently – it often pays off to hold on until the end.
Do not respond in writing to the termination before consulting an expert.
And never sign a settlement agreement or termination agreement (Abwicklungsvertrag or Aufhebungsvertrag) before a lawyer or union expert has reviewed it – you might give up important rights and money.
Our team of writers and editors strives to provide accurate information based on thorough research and multiple sources. However, errors may occur or some information may be incomplete or not definitively confirmed. Therefore, please treat the information in our articles as an initial point of reference and always contact the relevant authorities or professional bodies for binding and official information.
