A cancellation hits you unexpectedly. Suddenly everything is in question: your financial security, your professional future, your plans. I experience this every day in my practice - in 15 years as a Lawyer for labour law in Cologne I have accompanied over 500 clients through precisely this situation.
The good news:
In about ¾ of my dismissal protection proceedings, I achieve a favourable outcome for my clients. Severance payment or the cancellation of the termination.
The bad news:
You only have three weeks to act. After that, your cancellation will be deemed effective - even if it was originally contestable.
On this page, I will explain step by step what you need to do now. I'll show you when a dismissal is invalid, how to take legal action before the Cologne Labour Court and what severance pay you can expect.
The first 72 hours after cancellation - your emergency timetable
The hours and days following a dismissal are crucial. What you do or don't do now will determine your chances in the labour court - and the amount of any severance pay.
Checklist: The first 72 hours
Step 1: Keep calm and secure cancellation
The first and most important advice: Do not sign anything except an acknowledgement of receipt.
Many employers submit a cancellation agreement or a settlement receipt together with the notice of termination. Do not allow yourself to be pressurised - not even by statements such as „The offer is only valid today“. You have the right to have any contract checked by a lawyer before signing it.
An acknowledgement of receipt only means „I have received the document“ - not „I agree“. If your employer asks you to sign „acknowledged“, you can do so. This is not consent to the cancellation.
What you should do now:
- Take a photo of the cancellation and keep the original
- Note the date and time of receipt (important for calculating the deadline)
- If the cancellation was delivered by a messenger or witness: Note the name
- Do not make spontaneous statements to the employer
Step 2: Understanding the 3-week deadline
What is the 3-week deadline?
The 3-week period (Section 4 KSchG) is the statutory period within which you must file an action against dismissal with the labour court. The period begins on the day after receipt of the notice of termination (Section 187 (1) BGB).
If the deadline is missed, the dismissal is deemed by law to be effective from the outset (Section 7 KSchG) - even if it was materially unlawful.
How to calculate the deadline:
The deadline is exactly three weeks. It begins on the day after receipt and ends at the end of the day of the third week corresponding to the day of receipt.
Example:
- Notice of termination received on Monday, 16 December 2025
- Start of deadline: Tuesday, 17 December 2025
- End of the deadline: Monday, 6 January 2026, 24:00 hours
- If the deadline falls on a Saturday, Sunday or public holiday, the deadline is extended to the next working day (Section 193 BGB)
The deadline also applies to a Self-termination of the employee, if you wish to contest this - for example because you were induced to terminate the contract by deception or unlawful threats.
Subsequent admission of the action (Section 5 KSchG) is only possible in rare exceptional cases - for example, if you are hospitalised and are prevented from taking any action. Mere ignorance of the deadline is not sufficient.
Step 3: Inform the employment agency
Regardless of whether you want to take action against the dismissal, you must register with the employment agency.
The obligation to register in accordance with § 38 Para. 1 SGB III:
- For a notice period of three months or more: notification no later than three months before termination
- If the notice period is less than three months: Notification within three days of knowledge
Registration is possible online at arbeitsagentur.de.
Important distinction:
- Register as a jobseeker: Immediately after receiving notice of termination (even if the employment relationship is still ongoing)
- Register as unemployed: Only when the employment relationship actually ends
Blocking period in the event of termination or cancellation agreement: If you give notice yourself or sign a cancellation agreement, there is generally a risk of unemployment benefit being suspended for up to twelve weeks. However, there are exceptions for „good cause“ - for example, if there is a proven health risk at the workplace, as the BSG ruled in the case of Passive smoking has decided.
Step 4: Contact lawyer and secure documents
I recommend that you contact a lawyer for labour law as soon as possible. The 3-week deadline leaves little room for delay.
What a lawyer can do for you:
- Realistic assessment of your chances of success
- Filing an action within the time limit
- Negotiation with the employer (often before the conciliation hearing)
- Optimisation of the overall package (severance pay, certificate, leave of absence)
Costs: If you have legal expenses insurance with labour law cover, the lawyer's fees are usually covered in full. Obtain confirmation of cover in advance. Without insurance: In labour court proceedings at first instance, each party bears their own costs - regardless of the outcome.
Documents that you should save:
- Employment contract and all addenda
- Last three payslips
- Cancellation letter (original)
- All warnings
- Relevant e-mail traffic
- Testimonials
Even after the cancellation, you still have the right to View personnel file - take advantage of this.
Immediate contact on cancellation
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Telephone: 0221 - 80 18 76 70
Free initial assessment
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Timely appointment
Types of termination in German labour law - an overview
Not every termination is the same. The type of cancellation determines which requirements must be met - and therefore your chances of successfully taking legal action against it.
Comparison of cancellation types
| Kind | Cancellation period | Prerequisite |
| Ordinary cancellation | Yes (§ 622 BGB) | Social justification (if KSchG applies) |
| Extraordinary (without notice) | No (immediately) | Important reason (§ 626 BGB) |
| Change notice | Yes | Cancellation + offer of changed conditions |
| Suspicious dismissal | Yes or no | Urgent suspicion + prior hearing |
| By reason for cancellation | Cancellation period | Prerequisite |
| Behavioural | Yes | Breach of duty + as a rule. Warning letter |
| Operational | Yes | Elimination of job + social selection |
| Personnel-related | Yes | Negative prognosis (e.g. illness) |
Ordinary cancellation
Ordinary termination is the rule. The employment relationship is terminated in compliance with the statutory or contractual notice period. The employer does not have to state a reason in the letter of dismissal - however, he must explain and prove the social justification in court if the Dismissal Protection Act applies.
Statutory notice periods according to § 622 BGB:
Longer notice periods can be agreed for the employer in the employment contract or collective agreement. The notice period may not be longer for the employee than for the employer (Section 622 (6) BGB).
Extraordinary termination (without notice)
Definition: Termination without notice (extraordinary) terminates the employment relationship immediately, without observing a notice period. The prerequisite is an „important reason“ in accordance with Section 626 (1) BGB, which makes it unreasonable for the terminating party to continue the employment relationship even until the end of the notice period.
The employer must give notice within two weeks of becoming aware of the relevant facts (Section 626 (2) BGB).
Prerequisites for termination without notice:
- Good cause (Section 626 (1) BGB) - a serious breach of duty
- Comprehensive balancing of interests - taking into account all circumstances of the individual case
- Compliance with the 2-week period from full knowledge of the reason for cancellation
- Proportionality - in many cases a prior warning is required
Case study from practice: Termination without notice due to WhatsApp message
Client: Warehouse worker, 8 years with the company, no warnings
Facts of the Case The client had sent a WhatsApp message to his superior: „You're the worst boss I've ever had. You have no idea what you're doing.“
Result: The dismissal was contested before the Cologne Labour Court. At the conciliation hearing, the parties agreed on a settlement: termination of the employment relationship with a severance payment of 1.5 gross monthly salaries per year of employment - totalling 48,000 euros with a gross salary of 4,000 euros.
Why was that possible? The employer had not issued a prior warning. In the case of an insult of this severity - annoying, but not defamatory in the criminal sense - a warning would have been necessary as a milder measure.
Continuing: WhatsApp communication with the employer
Typical reasons for termination without notice:
Not all misconduct justifies termination without notice. Examples from case law:
Termination without notice was effective:
- Serious working time fraud with detective costs
- Refusal to wear a mouth and nose protector
- XING profile with competitive activity
- Secret recording of a staff appraisal
- Threat to the superior
Termination without notice was invalid:
Termination for behavioural reasons
Definition: Termination for misconduct is due to culpable misconduct on the part of the employee. It generally requires a prior warning that makes the employee aware of their misconduct and gives them the opportunity to change their behaviour.
Prerequisites:
- Breach of duty from the employment contract
- Fault (intent or negligence)
- Previous warning for similar behaviour (as a rule)
- Negative future prognosis (risk of recurrence)
- Proportionality (ultima ratio)
Typical reasons:
- Persistent refusal to work
- Repeated unpunctuality despite warning
- Unexcused absence
- Insults from colleagues or superiors
- Alcohol or drug consumption in the workplace (if controllable)
- Violation of the company regulations
- Taking unauthorised leave
When is no warning necessary?
In exceptional cases, the employer may terminate the contract immediately:
- In the event of particularly serious breaches of duty in the area of trust (e.g. theft, embezzlement)
- For criminal offences against the employer or colleagues
- If a change in behaviour is not to be expected even after a warning
- If the employee had to recognise from the outset that his or her behaviour would not be tolerated
Practical experience: In many cases of behaviour-related dismissals, there is no effective warning - either because no warning was issued at all, the warning is formally incorrect or the warned behaviour was not similar to the reason for dismissal.
Continuing:
Dismissal for operational reasons - when the job is lost
Definition: A dismissal for operational reasons occurs if the job is lost due to urgent operational requirements and no further employment is possible. The employer must carry out a social selection and generally dismiss the employee least worthy of social protection among comparable employees.
Dismissals for operational reasons are common in difficult economic times. But it is also prone to errors - because the legal requirements are high.
The three requirements:
1. urgent operational requirements
The employer must prove that there is an urgent operational need that leads to the discontinuation of the employment requirement:
Internal reasons:
- Rationalisation measures
- Restructuring or reorganisation
- Automation of work processes
- Closure of operating units or departments
- Outsourcing of activities
External reasons:
- Permanent decline in orders or slump in sales
- Loss of customers or projects
- Legal changes that reduce demand
2. loss of the job and no further employment
The employer must prove that:
- Your specific job is actually eliminated (not just renamed)
- No comparable vacancy exists in the entire company - not even at other locations
- Continued employment is not possible even after reasonable retraining or further training
3. proper social selection
Social selection is the most frequent point of attack in the case of redundancies for operational reasons.
The employer must evaluate all employees with comparable work according to four statutory criteria (Section 1 (3) KSchG):
| Criterion | Meaning |
| Length of service | Longer affiliation = more protection |
| Age | Older employees = tend to have more protection |
| Maintenance obligations | Married, children = more protection |
| Severe disability | GdB from 50 or equalisation = more protection |
The employer must then generally dismiss the employee who is least worthy of protection according to these criteria.
Practical note: Many redundancies for operational reasons fail due to incorrect social selection. Frequent errors: incorrect formation of the comparison group, arbitrary weighting of the criteria, no or insufficient documentation of the selection decision, unauthorised „exclusion“ of top performers.
Continuing:
- Dismissal for operational reasons due to outsourcing
- Does the omission of a social selection lead to ineffectiveness?
Termination for personal reasons - when you can no longer do it
Definition: Dismissal for personal reasons occurs if the employee is no longer able to perform the work owed on a permanent basis due to personal characteristics or abilities - without being at fault. The most common case is dismissal due to illness.
Dismissal for personal reasons is not about misconduct. The employee is simply no longer able to work as stipulated in the employment contract.
Requirements for dismissal due to illness (4-step test according to BAG):
Level 1: Negative health prognosis
The employer must demonstrate that significant sickness-related absences or performance restrictions are also to be expected in the future.
| Case group | Forecast content |
| Long-term illness | No improvement recognisable in the foreseeable future |
| Frequent short-term illnesses | Risk of recurrence due to the nature of the diseases |
| Permanent incapacity for work | Employee will probably never be able to work again |
| Reduced performance due to illness | Permanently significantly reduced performance |
Level 2: Significant impairment of operational interests
The employer must prove that the absences or performance restrictions significantly affect the business:
- Operational disruptions: Constant search for replacements, overloading of colleagues, unplannable assignments
- Economic burden: Significant continued remuneration costs over a longer period of time
There are no rigid thresholds. The decisive factor is an overall assessment of the individual case.
Stage 3: Weighing of interests
The court weighs up the interests: Length of service, age of the employee and opportunities on the labour market, cause of the illness (work-related?), family situation and maintenance obligations.
Level 4: No milder remedy (last resort)
Dismissal must be the last resort. The employer must check beforehand:
- Workplace adapted to your condition: Is there another job that you can do despite your limitations?
- Redesigning the workplace: Can technical aids or organisational adjustments help?
- BEM carried out?
Company integration management (BEM)
If you have been unfit for work for more than six weeks without interruption or repeatedly within a year, the employer is obliged to offer a BEM (Section 167 (2) SGB IX).
Consequence of failure to carry out BEM: The dismissal is not automatically invalid. However, the employer must then comprehensively demonstrate that a BEM would not have enabled continued employment. In practice, this increased burden of proof often leads to the failure of the dismissal.
Other personal reasons for termination:
- Loss of driving licence (for professional drivers)
- Missing or cancelled work permit
- Longer imprisonment
- Loss of a required professional licence (e.g. licence to practise)
Continuing:
Suspicious dismissal - the special case
Definition: In the case of dismissal on suspicion, the reason for dismissal is not the offence itself, but the urgent suspicion of a serious breach of duty. The employment relationship is therefore terminated even though the offence has not been proven.
Special feature: The employer must hear the employee before the dismissal and give them the opportunity to comment. If the employer fails to do so, the dismissal on suspicion is generally invalid.
The requirements in detail:
- Objective facts that substantiate the suspicion - mere rumours or assumptions are not sufficient
- Strong suspicion - high probability, not just possibility of the offence
- Serious breach of duty - typically a criminal offence or comparable serious misconduct
- Proper consultation of the employee prior to dismissal
- Reasonable time limit for comment - what is reasonable depends on the individual case
- Proportionality - balancing of interests taking into account all circumstances
Common mistakes made by the employer:
- No or insufficient consultation
- Hearing only after the decision to terminate has already been made
- Excessively short deadline for comment without objective reason
- Suspicion not communicated with sufficient specificity
- Hasty cancellation without sufficient own investigation
Continuing:
When is a cancellation invalid? - Your chances
Not every dismissal is lawful. There are numerous reasons why a dismissal may be invalid - from formal errors and procedural defects to special protection against dismissal.
Quick check: Is your cancellation possibly invalid?
Check the following points:
| Checkpoint |
| The cancellation was delivered by e-mail, fax or WhatsApp |
| The cancellation does not bear a handwritten signature |
| The notice of cancellation was signed by a representative without an enclosed power of attorney |
| You are pregnant or on parental leave |
| You are severely disabled (GdB from 50) or equivalent |
| You are a member of the works council or an election candidate |
| The works council was not or not properly consulted |
| In the event of dismissal for operational reasons: Colleagues with a shorter period of employment were not dismissed |
| You were not warned prior to a behavioural dismissal |
If one or more of these points apply, your cancellation may be invalid.
Formal error
Written form requirement (§ 623 BGB):
A cancellation must be made in writing. This means
- On paper (not electronic)
- With the personal signature of the person giving notice of cancellation (no copy, no facsimile, no scanned signature)
The following are invalid: E-mail (also with qualified electronic signature), fax, SMS, WhatsApp or other messenger, verbal cancellation.
Rejection due to lack of authorisation (Section 174 BGB):
If the notice of termination is not signed by a legal representative (e.g. managing director of a GmbH), but by an authorised representative, a power of attorney must be attached.
Exceptions - no authorisation required for:
- Authorised signatories (have legal power of representation in accordance with § 49 HGB)
- Persons whose authorisation to terminate was known to you (e.g. long-standing personnel manager)
If no power of attorney is enclosed and there is no exception, you can reject the cancellation immediately. „Immediately“ means: without undue delay, usually on the same or next day.
Practical tip: Was your notice of termination signed by a person not known to you as an authorised representative? Check immediately whether a power of attorney was enclosed. If not: Reject the cancellation immediately in writing - preferably on the same day by e-mail followed by a registered letter.
Works council consultation (§ 102 BetrVG)
If there is a works council in your company, the employer must consult it before any dismissal. A dismissal without proper consultation is invalid.
The employer must inform the works council:
- Name and social data of the employee to be dismissed
- Type of cancellation (ordinary or extraordinary)
- Reasons for cancellation (complete and truthful)
- Cancellation period
Common mistakes:
- Works council was not consulted at all
- Consultation was incomplete (important reasons for termination not communicated)
- Dismissal was pronounced before the works council's comment period expired
Special protection against dismissal
Certain groups of people enjoy special protection against dismissal. Dismissal without observing these protective provisions is invalid.
| Group of people | Protection regulation | Special feature |
| Pregnant women | § 17 MuSchG | Prohibition of dismissal from the beginning of pregnancy until 4 months after delivery |
| Parental leave | § 18 BEEG | Protection from the time of application (max. 8 weeks before start) and during parental leave |
| Severely disabled persons | § SECTION 168 SGB IX | Approval of the integration office required before notice of termination is given |
| Equals | § SECTION 168 SGB IX | GdB 30-50 with equalisation notice |
| Works Council members | §§ Sections 15 KSchG, 103 BetrVG | Ordinary termination excluded; extraordinary termination only with the consent of the works council |
| Election candidates | § Section 15 (3) KSchG | Protection from the date of nomination until 6 months after the election result |
| Data protection officer | § Section 6 (4) BDSG | Ordinary cancellation excluded; protection takes effect 1 year after |
| Apprentices | § 22 BBiG | After probationary period only extraordinary termination for good cause |
Note for pregnant women: Protection against dismissal begins from the first day of pregnancy - even if you are not yet aware of it yourself. If you find out about your pregnancy after you have been dismissed, you must inform your employer immediately, but at the latest within two weeks of receiving the notice of dismissal (Section 17 (1) sentence 1 MuSchG).
Continuing:
- Special protection against dismissal for in vitro fertilisation
- No protection against dismissal in the event of insufficient notification of pregnancy
- Action for protection against dismissal and appeal against the approval decision of the integration office
- Dismissal of severely disabled persons during probationary period contrary to European law
Violation of the Protection against Dismissal Act
The Dismissal Protection Act is your most important protection against socially unjustified dismissals.
When does the KSchG apply?
The Dismissal Protection Act applies if:
- The company regularly employs more than ten employees (Section 23 (1) KSchG)
- Trainees do not count
- Part-time employees are counted pro rata (up to 20 hours/week = 0.5; up to 30 hours/week = 0.75)
- your employment relationship has existed for more than six months without interruption (Section 1 (1) KSchG)
If the KSchG applies, every ordinary dismissal must be socially justified.
Protection against dismissal in small businesses
The KSchG does not apply to small companies (ten or fewer full-time equivalent employees). But even here you are not completely defenceless:
- Special protection against dismissal applies without restriction (pregnancy, severe disability, etc.)
- Prohibition of discrimination under the AGG
- Prohibition of measures (§ 612a BGB)
- Protection against immoral termination (§ 138 BGB)
- Requirement to show consideration for the interests of long-standing employees
Continuing:
The action for protection against dismissal before the Cologne Labour Court
If you wish to take legal action against your dismissal, you must file an action for protection against dismissal with the labour court - within the three-week period.
The Cologne Labour Court - Practical information
| Information | details |
| Address | Blücherstraße 1-3, 50733 Cologne-Nippes |
| Location | Underground line 12/15, stop „Florastraße“ |
| Typical duration until conciliation hearing | 2-4 weeks after filing the lawsuit |
| Typical duration until chamber appointment | 3-6 months (if no settlement in the conciliation hearing) |
Course of the procedure
1. filing a lawsuit (within the 3-week period)
The action is filed with the labour court. The labour court at the employer's registered office or place of work has local jurisdiction.
2nd conciliation hearing (approx. 2-4 weeks after filing the lawsuit)
The first appointment is the conciliation hearing before the chairman alone. The aim is to reach an amicable settlement.
- The Chairman discusses the state of affairs and the dispute
- It provides a preliminary assessment of the prospects of success
- In most cases, a settlement is proposed
There is no obligation to be represented by a lawyer at the conciliation hearing. However, legal representation is strongly recommended.
3rd chamber hearing (if no agreement is reached)
If no agreement is reached at the conciliation hearing, a chamber hearing is scheduled - typically three to six months later.
- Hearing before the full chamber (1 professional judge + 2 honorary judges)
- Taking of evidence (examination of witnesses, submission of documents)
- Judgement or comparison
Chances of success
The chances of success depend on the circumstances of the individual case. An insight into the firm's case statistics:
Results of dismissal protection proceedings (2020-2024):
| Outcome | Share |
| Settlement with compensation | 3/4 |
| Continued employment | 1/8 |
| Lawsuit dismissed | 1/10 |
| Miscellaneous | 1/16 |
Basis: 127 dismissal protection proceedings
Typical comparison contents:
- Termination of the employment relationship at a (often later) date
- Severance pay (typically 0.5-1.5 gross monthly salaries per year of employment)
- Qualified reference with a good rating
- Irrevocable leave of absence with continued payment of remuneration
- Regulations on residual leave and variable remuneration components
Continuing:
Termination during the probationary period - your rights
Many employees believe that they can be dismissed without further ado during the probationary period. This is only true to a limited extent.
Myth: „I'm completely defenceless during the trial period.“
Reality: You also have rights during the probationary period:
- Special protection against dismissal applies without restriction (pregnancy, severe disability)
- Prohibition of discrimination under the AGG
- Prohibition of measures (§ 612a BGB)
- Protection against immoral termination (§ 138 BGB)
- Works council consultation required (if works council exists)
What is different during the probationary period?
- Shortened notice period: two weeks to any day (Section 622 (3) BGB)
- KSchG does not yet apply: The 6-month waiting period is still running
- No justification requirement
When is it worth resisting during the probationary period?
- With special protection against dismissal - always
- In the event of obvious discrimination
- In the event of reprimand (e.g. dismissal immediately after a justified sick note)
- In the event of immoral circumstances
An ECJ judgement (2024) has significantly strengthened the protection for severely disabled persons during the probationary period: before dismissing an employee, the employer must check whether „reasonable accommodation“ would enable continued employment.
Continuing:
Severance pay - What you are entitled to
Severance pay is the topic that interests most clients the most.
When is there an entitlement to severance pay?
There is no general statutory entitlement to severance pay in the event of dismissal. In most cases, severance pay is a matter for negotiation.
When is there a severance payment?
| Situation | Claim? | Typical height |
| Settlement in unfair dismissal proceedings | A matter for negotiation | 0.5-1.5 salaries/year |
| § Section 1a KSchG (offer by the employer in the event of dismissal for operational reasons) | Yes, in case of waiver of action | 0.5 Salaries/year |
| Social plan | Yes, according to the social plan formula | According to the social plan |
| Cancellation judgement (§ 9, 10 KSchG) | Yes, if unreasonable | Until 12/15/18 Salaries |
| Cancellation agreement | A matter for negotiation | Very variable |
| Employer cancellation without legal action | No | - |
Calculation of the amount of severance pay
There is no legal formula for the amount of severance pay (except for § 1a KSchG). However, a rule of thumb has been established:
Rule of thumb: Gross monthly salary × years of employment × factor
The factor is typically between 0.5 and 1.5.
Sample calculation:
- Salary: 4,000 euros gross
- Length of service: 8 years
- Factor: 0.75
- Severance payment: 4,000 × 8 × 0.75 = 24,000 euros
What influences the factor?
| Factor increases with... | Factor decreases with... |
| Obviously ineffective cancellation | Clear misconduct on the part of the employee |
| Special protection against dismissal | Weak legal position |
| Long period of employment | Short period of employment |
| Older age | Young age |
| Good financial situation of the employer | Economic hardship, insolvency |
| High specialisation | Easier to replace |
Negotiation tactics - five tips from practice
1. never sign immediately
Every cancellation agreement and every severance offer should be checked before signing.
2. the action for unfair dismissal is your negotiating lever
Without a lawsuit, you have no leverage. The lawsuit brings the employer to the negotiating table.
3. negotiate the overall package
It's not just the settlement amount that counts. Also think about: Job reference, leave of absence, termination date, payment date (tax optimisation), company car/service mobile phone, non-competition clause.
4. consider blocking period for unemployment benefit
In the case of a cancellation agreement, there is always a risk of a blocking period. This can often be avoided by drafting the contract correctly.
5. get professional support
The costs of a lawyer are usually lower than the added value. If you have legal expenses insurance, there are usually no costs for you.
Continuing:
Special cases of cancellation
Print cancellation
A pressurised dismissal occurs when the employer dismisses an employee because third parties (employees, customers, business partners) demand this and threaten consequences.
The requirements are very strict (BAG): The employer must be threatened with considerable economic damage, it must have initially taken a protective stance against the employee and all other options must have been exhausted.
Continuing: Workforce demands dismissal - pressure dismissal fails
Termination due to off-duty behaviour
Principle: Your private life is your private business.
Exception: If your off-duty behaviour has a concrete impact on the employment relationship (damage to reputation, destruction of trust, reference to professional activity).
Continuing:
Termination in the event of employer insolvency
Special rules apply if the employer is insolvent:
- Shortened notice period: The insolvency administrator can terminate the contract with three months' notice to the end of the month (Section 113 InsO)
- KSchG continues to apply
- Register claims: Outstanding salaries prior to the opening of insolvency proceedings must be registered in the insolvency table
- Insolvency benefit: The employment agency pays the outstanding salary for the last three months before the opening of insolvency proceedings
Continuing: Protection against dismissal despite insolvency
Frequently asked questions about cancellation
How long do I have to take legal action against a cancellation?
You have three weeks from receipt of the dismissal notice to file an action for protection against dismissal with the labour court (Section 4 KSchG). The period begins on the day after receipt. If you fail to do so, the dismissal is deemed effective by law.
Does a cancellation have to be justified?
In the cancellation letter itself: No, not in principle. The employer only has to explain and prove the reasons in the unfair dismissal proceedings. Exceptions: In the case of pregnant women, the reason for dismissal must be stated (Section 17 para. 2 sentence 2 MuSchG); the same applies to trainees after the probationary period (Section 22 para. 3 BBiG).
How much is a typical severance payment?
The rule of thumb is: 0.5 to 1.0 gross monthly salary per year of employment. The actual amount depends on the chances of success of the claim, length of service, age and other factors. There is no statutory entitlement - severance pay is a matter for negotiation.
Continuing: More about the severance payment calculation
Do I have to be warned before a cancellation?
A prior warning for similar behaviour is generally required in the event of termination for conduct-related reasons. This may not be necessary in the case of particularly serious breaches of duty. No warning is required for dismissals for operational or personal reasons.
Continuing: Basic information on warnings
Can a cancellation be made by e-mail or WhatsApp?
No. Notice of termination must be given in writing (Section 623 BGB): on paper, with a handwritten signature. Cancellation by e-mail, fax, text message or WhatsApp is invalid.
Do I get a blocking period for unemployment benefit?
In the event of termination by the employer, there is generally no risk of a blocking period. If you terminate your employment yourself or sign a cancellation agreement, a blocking period of up to twelve weeks may be imposed. Exception: you had an „important reason“ for the termination.
Continuing: Important reason against blocking period
Can I be dismissed because I insulted my manager on WhatsApp?
Yes, that is possible. Private WhatsApp messages to superiors or colleagues can also justify dismissal if they are offensive or threatening. Whether a dismissal without notice or an ordinary dismissal is justified depends on the seriousness of the statement and the circumstances. A prior warning is often required.
Continuing: WhatsApp communication with the employer
Can my employer dismiss me because of my XING or LinkedIn profile?
Under certain circumstances, yes. If your profile suggests a competitive activity or you label yourself as „open to offers“ and state a secondary activity that the employer was not aware of, this may be considered a breach of competition or breach of trust.
Continuing: XING profile: Cancellation due to competitive activity
Can I be dismissed for refusing a measure ordered by my employer?
Yes, if the instruction is covered by the right to issue instructions and is reasonable. Persistent refusal of a lawful work instruction may justify dismissal.
Continuing: Refusal to wear a mouth and nose protector
Can I be dismissed because I secretly recorded a conversation with my superior?
Yes, secretly recording a staff appraisal is a serious breach of trust and generally justifies termination without notice - even without prior warning. The recording also violates the personal rights of the conversation partners (§ 201 StGB).
Continuing: Secret recording of a staff appraisal
I am severely disabled and was dismissed during my probationary period - do I have any rights?
Yes, the ECJ ruled in 2024 that employers must also check during the probationary period whether reasonable precautions would enable continued employment. Dismissal without this assessment may be contrary to European law and therefore invalid.
Continuing: Dismissal of severely disabled persons during probationary period contrary to European law
What happens if the works council has not been consulted?
If there is a works council, it must be consulted prior to any dismissal (Section 102 BetrVG). A dismissal without proper consultation is invalid. Check whether there is a works council in your company and whether it has been properly involved.
Why lawyer Tieben?
Rating: 5.0 out of 5.0 on ProvenExpert (47 reviews)
„Mr Tieben handled my case with great competence and calm. In the end, I received a settlement that I am very happy with. Communication was always quick and clear. An absolute recommendation.“ - Client from Cologne, protection against dismissal 2024
Your advantages:
| Performance | Meaning |
| 15+ years of experience in labour law | Sound judgement and negotiating skills |
| 3/4 settlement ratio with settlement | Verifiable results from 127 procedures |
| Free initial assessment | You know where you stand beforehand |
| Legal expenses insurance accepted | Often no costs for you |
| Short-term appointments | Also within the 3-week period |
| Personalised support | Your contact person: the lawyer himself |
Contact us
The 3-week deadline has expired. Act now.
Telephone: 0221 - 80 18 76 70 You can also reach our answering machine in the evening. We will call you back within 24 hours.
E-Mail: info@mth-partner.de Describe your case - initial assessment free of charge.
Address: Sachsenring 34, 50677 Cologne Easily accessible from Cologne Labour Court.
Last update: December 2025 Author: Lawyer Helmer Tieben
Note: This article is intended to provide general information and does not replace individual legal advice. Every case is different - have your situation checked by a lawyer.
