Receiving a dismissal often raises the immediate question whether the termination must simply be accepted or whether it should be challenged. The most important point is not to wait too long.
The three-week deadline
An employee who wishes to challenge a dismissal in court generally has to file an unfair-dismissal claim within three weeks of receiving the written notice. Missing this deadline can make the dismissal effective even where legal objections existed.
Grounds and formal requirements
The validity of a dismissal depends on many factors, including notice periods, the possible application of the German Protection Against Dismissal Act, special protection rules and the employer’s grounds for termination.
Warnings may matter
In conduct-related cases, a prior warning can be important. Its wording, legal validity and connection with the later allegation should be reviewed carefully.
Negotiated solutions
Unfair-dismissal proceedings do not necessarily end with a return to work. Depending on the parties’ interests, severance, garden leave or another negotiated termination arrangement may be more appropriate.