A dismissal is a shock for many employees. Suddenly, their professional existence is at stake, and concerns about income and the future dominate their everyday lives. However, it is important to note that you do not have to simply accept a dismissal. German labor law offers you an effective means of defending yourself against unlawful termination of employment with the protection against dismissal action.

What is a Protection against Dismissal Action?

With a protection against dismissal action, the labor courts examine whether the dismissal issued to you is lawful. This means that the employer must be able to demonstrate that there is a sufficient reason for dismissal – whether due to conduct, personal reasons, or operational reasons. Employers often fail due to formal errors or a lack of social justification.

What Deadlines Apply?

Very important: You only have three weeks from receipt of the dismissal to file a lawsuit with the labor court. If you miss this deadline, the dismissal is generally considered effective – even if it was flawed. Therefore, do not wait, but act immediately and arrange a consultation appointment.

What Opportunities Does the Lawsuit Offer?

Many employees wonder whether a protection against dismissal action is worthwhile. The advantages are manifold:

• Preservation of the job: The court may determine that the dismissal is ineffective. You keep your job.
• Severance payment: Proceedings often end with a settlement in which you receive a severance payment.
• Better negotiating position: With a lawsuit, you gain time and leverage to discuss a fair solution.

Do I Have to Worry about High Costs?

The costs of a protection against dismissal action are manageable. Before the labor court, each party bears its own attorney’s fees in the first instance – regardless of the outcome. Many employees are also covered by legal expenses insurance. Seek advice in advance to have clarity about the costs.

Why Legal Support is Important

Labor law is complex. Even small wordings in the letter of dismissal can be decisive. An experienced specialist lawyer for labor law quickly recognizes whether a dismissal is contestable and enforces your rights. This way, you avoid mistakes and secure the best chances of a positive outcome.

Conclusion

A dismissal does not automatically mean the end. With a protection against dismissal action, you can successfully defend yourself – be it to save your job or to obtain a severance payment. It is important to comply with the three-week deadline for filing a lawsuit and to seek legal advice at an early stage. This way, you take your future into your own hands.

If you are affected by a termination of your employment, please feel free to contact me.