How long do I have to challenge a dismissal?

You have **three weeks** from the receipt of the dismissal (Kündigung).

How much does an unfair dismissal claim cost?

The costs depend on the amount in dispute (typically 3 gross monthly salaries). In many cases, your legal expenses insurance covers them. I will check this for you in advance.

Who bears the costs of an unfair dismissal claim?

In the first instance before the labor court (Arbeitsgericht), each party generally bears its own lawyer's fees, regardless of the outcome of the proceedings. The court costs are borne by the losing party. In the event of a settlement, court costs regularly do not arise. If you have legal expenses insurance, it often covers the costs.

Do I have to continue working during the notice period?

As a rule, yes, unless you have been released from work. Unauthorized refusal to work can lead to further legal disadvantages.

Received a Dismissal. What to Do? | Attorney Valentina Marinkovic

Have you received a dismissal?

Receiving a dismissal (Kündigung) is a life-changing event. Panic is out of place. You have rights, and you can enforce them.

The 3-Week Deadline: Why Every Minute Counts

What You Should Do Right Now

Document the dismissal and the date of receipt. Keep the dismissal letter and note when it was delivered to you. The time of receipt is decisive for important deadlines.
Do not sign any declaration unchecked. In particular, do not sign a termination agreement (Aufhebungsvereinbarung) or any other declaration by which you might waive rights, without first having it reviewed legally.
Seek legal advice early. Have the prospects of success of an unfair dismissal claim and your further legal options reviewed as promptly as possible. Remember the 3-week deadline!
Register as job-seeking. Register with the Federal Employment Agency (Agentur für Arbeit) as job-seeking no later than three days after you learn of the termination of your employment.

When Is a Dismissal Invalid?

Many dismissals can be challenged. Common grounds for invalidity:

Lack of social selection (Sozialauswahl). The employer did not correctly take the social criteria into account.
Formal errors. The dismissal was not issued in writing.
Failure to consult the works council (Betriebsrat). The works council was not involved, or not properly involved.
Special protection against dismissal. You are pregnant, severely disabled, or on parental leave.
Missing prior warning (Abmahnung). In conduct-related dismissals, the prior warning is often missing.

Severance Pay (Abfindung): How Much Are You Entitled To?

A statutory entitlement to severance pay exists only in a few exceptional cases. In practice, severance payments are often agreed by way of settlement in the course of unfair dismissal proceedings. Whether and in what amount a severance payment can be achieved depends in particular on the prospects of success of the unfair dismissal claim and the circumstances of the individual case.

Act Now

Call me for a quick initial assessment of your case. The sooner you get in touch, the more room to maneuver you have.

Received a Dismissal: What to Do?