Received a dismissal – what to do in the first three weeks

This article describes the legal position under German law.

You have received a dismissal and are wondering what to do now. This article sets out the steps that matter, the deadlines that apply under German employment law, and when it is worth consulting an employment lawyer. That way you keep an overview despite the shock and uncertainty, and protect your rights.

I. Receiving a dismissal: typical first reactions

Finding a dismissal in your letterbox for the first time usually triggers a mix of shock, financial anxiety and anger. Many people put the letter aside, talk to family and friends, or hope „it will somehow work itself out“. That is entirely human – but legally, important deadlines start running the moment the dismissal reaches you.

Well-paid specialists and senior staff in particular often underestimate how much room to negotiate remains despite the dismissal. It is frequently not only about whether the dismissal is valid, but also about severance, garden leave, a good reference or a suitable end date. Acting in a structured way early on markedly improves your starting position.

II. The three-week deadline

Under German employment law: if you want to challenge an ordinary dismissal, you must file an unfair dismissal claim with the labour court within three weeks of the dismissal reaching you. If that deadline passes, the dismissal is generally treated as valid – even where it was flawed, unlawful or socially unjustified.

What matters is when the dismissal reached you – by personal delivery or through your letterbox. The dismissal must also meet certain formal requirements: it must be in writing and signed by hand by someone authorised to issue it. A dismissal by email, WhatsApp, text message or purely verbally does not meet these requirements.

III. Mistakes to avoid

1. Accepting the dismissal without having it checked
   Many employees accept a dismissal without a legal review – because they want to avoid conflict, or were considering a change anyway. In doing so they often give away good prospects of severance or better exit terms.
2. Missing the deadline for the claim
   If the three-week deadline passes, an invalid dismissal usually can no longer be challenged. That happens easily when the letter ends up in a drawer, or when an appointment with a lawyer is arranged too late.
3. Signing a termination or settlement agreement too quickly
   Employers often offer a termination agreement (Aufhebungsvertrag) or settlement agreement alongside a dismissal. These can have advantages, but may trigger a suspension period on unemployment benefit or exclude claims such as bonuses, overtime or remaining holiday. Never sign anything you have not had reviewed.
4. Relying on verbal promises
   Statements such as „we’ll sort out the severance later“ or „the reference will be fine“ are worth little without a clear written agreement. Make sure every material point is documented.

IV. Checklist for the first few days

1. Collect documents and record when the dismissal arrived
   • Keep the dismissal letter safe and note the date it reached you (for example on the envelope: „found in letterbox on …“).
   • Gather your employment contract, addenda, target agreements, bonus arrangements, warnings and any documents relating to special dismissal protection (pregnancy, severe disability).
   • Note the key events of recent months in bullet points: conversations with managers, conflicts, restructuring, appraisal meetings, periods of illness.
   • Never sign new documents such as termination agreements or settlement offers on the spot – always ask for time to consider.
2. Notify the employment agency
   After a dismissal you should register as seeking work with the employment agency promptly. That applies whether or not you file a claim or aim for an amicable solution. Registering avoids disadvantages to your unemployment benefit. It does not mean you accept the dismissal – it is a formal safeguard for your entitlements.
3. Instruct an employment lawyer
   Anyone who has received a dismissal and wants to know their options generally benefits from early advice from a specialist employment lawyer. Bring all relevant documents to the first meeting, along with a rough idea of your goal: would you rather stay with the company, negotiate severance, secure a clean reference, or above all buy time to reorient?
   The consultation first examines whether the dismissal has formal defects or is socially unjustified, and whether special dismissal protection applies. From there it becomes clear which options exist – from continuing the employment relationship through to a settlement with severance, garden leave and a clearly defined end date.
4. Manage communication with your employer
   Avoid spontaneous justification emails or emotional reactions immediately after the dismissal. Think carefully about what information you want to give your employer. Ideally, coordinate with your lawyer before important conversations or replies, or route communication through the firm – particularly where severance, a termination agreement, garden leave or your reference are concerned.
5. What the first consultation should clarify
   • Is the dismissal open to challenge – through formal defects, lack of social justification or special dismissal protection?
   • What goals make sense in your situation – continued employment, a termination agreement with severance, garden leave, a good reference, or a combination?
   • What do realistic financial scenarios look like – a possible severance range, the risks of a claim, and conceivable settlement options in court?

If you have received a dismissal and are unsure what to do, the decisive thing is to keep the three-week deadline in view and get informed early. That lays the groundwork for using your rights and achieving the best outcome available to you.

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Andreas Schruff is a partner at the law firm KBS Legal in Munich and a cooperation partner of abfindungshero.de