Dismissed Without Notice?
Professional Legal Advice
A termination without notice is the most severe measure available to an employer for ending an employment relationship. Accordingly, the law sets high requirements for such a measure to ensure that termination without notice cannot be used improperly or without sufficient justification. Such a termination requires genuinely serious grounds. As an affected employee, you should therefore have the termination carefully reviewed by an experienced attorney specializing in termination without notice. The consequences of dismissal are often not only felt immediately – through loss of income and changes to personal life plans – but can also have a significant impact on future employment opportunities.
How Can I Help You as an Attorney with a Termination Without Notice?
As an attorney specializing in termination without notice and protection against dismissal in Munich, I can provide you with a thorough initial consultation and a professional assessment of the legality of the termination you have received. I will also explain the recommended next steps in detail and advise you on potential risks and costs.
A termination without notice is always a major shock at first. However, particularly under German employment law, there are various ways to challenge this drastic measure and defend your rights.
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Grounds for Termination Without Notice
What does the German legislator mean by "serious grounds"? The most common reasons for termination without notice generally involve fraud against or serious harm to the employer. Termination without notice is frequently issued, for example, in cases involving:
- Theft in the workplace or misappropriation of company property
- Working for a competitor or industrial espionage
- Insults or physical assaults against customers
- Refusal to work or working time fraud (e.g. falsely claiming to be ill)
- Insulting the employer or supervisor, including online via social media such as Facebook or Twitter
- Physical assaults against the employer or supervisor
- Taking legal action against the employer
In addition to these common grounds, there are various other circumstances that require a more precise legal assessment in practice. In individual cases, these may involve alcohol or drug consumption in connection with the employee's duties, as well as insults or workplace bullying, including sexual harassment of other employees.
Termination Without Notice – What Should You Do?
As serious as a termination without notice may initially appear, try to remain calm so that you can focus on the important next steps. Contact the Employment Agency as soon as possible to report the loss of your job.
Even if you think that "there is no point anyway", you should consult an experienced employment law attorney. Only a qualified attorney can provide a reliable assessment of your individual case. You should therefore consult an experienced attorney regarding termination without notice and protection against dismissal as soon as possible, ideally within one week.
Make sure that your action for protection against dismissal is filed with the competent Labour Court no later than three weeks after the termination without notice was issued.
Your attorney can then develop an appropriate legal strategy. The issue is not only whether the reasons for the termination are legally sufficient, but also whether the employer has complied with all formal requirements and applicable deadlines. In particular, in cases of termination without notice, it is always important to consider whether less severe measures, such as a warning, would have been appropriate and should have been used first.