Terminated from Your Job in Germany: Advice for English-Speaking Expats

What to Do if You’re Fired in Germany

Being dismissed (“fired”) from your job in Germany can be confusing, especially for English-speaking expatriates / expats unfamiliar with German labour law. Unlike in some countries, German law provides robust protection against dismissal (Kündigungsschutz) once certain conditions are met. This means employers generally must have a justified reason – and follow strict procedures – to lawfully terminate your employment. In practice, many foreign workers feel uncertain about their rights or the very short time they have to act. The good news is that if you act quickly, you can often challenge an unfair dismissal and negotiate a better outcome (for example, higher severance).

German Employment Protection Law (Kündigungsschutz)

Under Germany’s Kündigungsschutzgesetz (Employment Protection Act), most employees become protected against unfair dismissal once they have worked continuously for over six months and the company normally has more than 10 employees. During the initial probationary period (Probezeit) – usually the first six months on the job – an employer can normally dismiss with only short notice and no reason. But after probation, if the conditions above are met, your termination must be “socially justified”. In practical terms, this means the dismissal must be based on one of three legally recognized grounds (see below).

If your employer is small (fewer than 10 staff) or you are still within six months of starting work, the strict protections of the law may not apply. In that case a judge can only review whether the dismissal was completely arbitrary or abusive. However, even without full protection, it can still be worthwhile to consult a lawyer: a court can still annul a dismissal for “capricious” reasons. In general, though, most expats in large cities like Berlin, Munich, Frankfurt, Hamburg, Cologne or Bonn will qualify for full dismissal protection under the Act after six months.

Lawful Grounds for Dismissal

When protection applies, a dismissal is only valid if it is “socially justified” – that is, due to one of the following three reasons:

• Personal reasons: Reasons related to your person, typically health or ability. For example, if an employee has very poor health that causes frequent long-term absences and the doctor predicts this will continue, an employer may (in rare cases) dismiss on that basis. Other examples include serious inability to perform the job or lacking a required work permit. Importantly, the inability usually must be permanent or seriously hinder the business.

• Conduct-related reasons (behavioural): Reasons related to your behaviour, such as theft, deliberate rule violations or gross insubordination. A dismissal for misconduct generally requires that the employer gave a formal written warning beforehand (Warnung). Only if unacceptable behaviour persists despite warnings can it justify termination.

• Operational/business reasons: For example, the employer decides to restructure, downsize or shut down a department. In such redundancy cases, the company must prove the job was genuinely eliminated and no suitable alternative position was available. German law then requires a “social selection” (Sozialauswahl) among employees with similar roles. In practice, this means the employer must choose the person with the weakest social circumstances for dismissal (factors like age, tenure, dependents and disability). Firing someone solely because they are a foreigner or less integrated is not allowed and would violate these rules.

If your dismissal does not fit into one of these categories, or if the required procedures (warnings, social selection, etc.) were skipped, it may be unlawful. For example, if your employer never gave a needed warning for misconduct, or failed to do a proper social selection, a court would likely find the dismissal invalid.

What to Do Immediately After the Notice

If you receive a termination letter, act quickly. German law gives you only three weeks from the day you receive the written dismissal to challenge it in court. If you miss this deadline, the termination is automatically considered legally valid – even if it was unjust – and you lose most of your rights. In other words, silence is deemed acceptance.

Do not ignore the letter or throw it away. First, note exactly when and how you received it (hand delivery or mail) – this date starts the clock. Then immediately consult an English-speaking employment lawyer or a legal adviser. Many expats have legal expenses insurance (“Rechtsschutzversicherung”) that covers labour disputes; if so, contact them promptly. Also gather important documents: your employment contract, recent payslips and the termination notice itself. Finally, file a written dismissal-protection claim (Kündigungsschutzklage) at the local labour court (Arbeitsgericht) within three weeks. (The relevant court is usually in the city of your employer’s registered office or where you work.) You generally must name both yourself and the employer correctly in the claim, so it’s best to have legal help to avoid formal mistakes.

Immediate steps (in brief): Document the receipt date, calculate your 3‑week deadline, consult a labour lawyer, and prepare to file suit. Remember: if you do nothing, the dismissal stands and your employer can assume you’ve accepted it.

The Legal Process of Challenging the Dismissal

Once you file a dismissal-protection suit, the labour court will typically schedule a conciliation hearing (Güteverhandlung) within a few weeks. At this first hearing, the judge (sometimes with additional lay judges) will try to mediate a settlement. Each side briefly explains its case, and the judge may suggest a compromise. This hearing is informal and free of charge, with no evidence taken; many cases settle here for some severance money instead of going on. If no agreement is reached, the court will set a second hearing (Kammertermin), where both sides can submit evidence (emails, witnesses, etc.) and argue the legal merits.

Possible outcomes include:

• Reinstatement: If the court finds the dismissal was unjustified, it can order that your employment continues and that you be paid your wages from the termination date until a new dismissal. (In practice, this happens in relatively few cases – both sides often prefer a payout.)

• Severance settlement: More commonly, employers prefer to negotiate a “settlement” either at the conciliation stage or during the case. A severance payment is not automatically granted by law except in specific situations, but it is routinely offered to avoid a full trial. If a judge finds your dismissal unlawful but continuing at work is unreasonable (e.g. hostile atmosphere), they may award severance under §9 or §10 KSchG.

If your case goes to a final judgment and you win, the result is usually that the dismissal is void and you keep your job (with back pay). However, note that in many cases the practical result is a negotiated severance instead.

Severance Pay: How Is It Calculated?

Severance pay is not strictly fixed by law; it is often a matter of negotiation. A common rule of thumb in Germany is half a month’s salary for each year of service. For instance, someone earning €3,000/month who worked 10 years might get about €15,000 (0.5×10×€3,000) by this formula. In practice the “multiple” can range from 0.5 up to 1.0 or higher, depending on age, the strength of your case, and how urgently the company wants to settle. A lawyer can help you push for a fairer calculation if your dismissal was clearly unfair.

Remember, the actual severance is negotiable. If you file a lawsuit, it often becomes part of the bargaining process. Legal precedent and tactics (e.g. threat of back-pay liability) can give you leverage to increase the offer. It is wise to discuss the potential amount with your lawyer so you know what to aim for before agreeing to any settlement.

When Is It Worth Filing a Claim?

In most cases of (potentially) unjust dismissal, it is worth filing the claim – especially if you have legal expenses insurance. The initial conciliation hearing is free and quick. If you have insurance (and many German employees do), your lawyer’s fees will often be covered. Even without insurance, court fees in labour cases are calculated on a sliding scale and are usually moderate for employees. Given the serious risk of losing your job forever by doing nothing, almost any situation merits at least consulting a lawyer to evaluate your chances.

Key factors: if you have over six months’ tenure and work in a company with more than 10 employees, your case is under KSchG which strongly favors the employee unless the employer clearly proves a valid reason. Even in smaller firms or during probation, there might be technical grounds (e.g. improper notice form) to challenge the dismissal. Essentially, if you stand to lose your livelihood, it’s usually best to fight back, or at least negotiate.

Special Scenarios and Common Pitfalls

• Improper notice form: German law is strict that a notice of termination must be a paper letter signed in wet ink. A dismissal sent only by email, WhatsApp, text message or fax is legally invalid. If your boss “fired” you by electronic message, the termination is void – your employment technically continues. Only a handwritten, signed letter counts as legal termination. (Even a scanned PDF signed with DocuSign does not suffice.)

• Insolvency of the employer: Even if your company enters insolvency proceedings, your rights largely persist. Insolvency itself is not an automatic reason to end your job. An insolvency administrator or the company can still dismiss, but only for the usual socially-justified reasons; they must still comply with notice periods (up to 3 months by law during insolvency) and any special rules. In fact, if a buyer acquires the business, §613a BGB generally transfers your contract to the new owner. Any “dismissal” based solely on the fact of a business transfer is invalid. If your company is sold or taken over, you usually continue with the new employer under identical terms.

• Transfer of business (Betriebsübergang): German law protects employees when a business (or part of it) is sold. The new owner generally steps into the old employment contracts. So if your role transfers, your dismissal cannot be simply re-issued for that reason. Only if the entire operation shuts down or you personally object to the transfer can you lose your job in a standard way.

In all these scenarios, the bottom line is: check the formal requirements. If you suspect any irregularity (wrong form of notice, missing works council consent, skipped warning, etc.), mention it in your claim. Such flaws can automatically nullify the dismissal.

Moving Forward

If you’ve been terminated, stay calm and methodical. Don’t burn bridges: accept the notice politely (without admitting guilt) and keep any communication professional. Start preparing your challenge immediately. Reach out to a labour lawyer who speaks English (whether he is located in Berlin, Munich, Frankfurt or another major city doesn't matter, since German employment courts all provide the technicalities necessary for video court dates) to file your Kündigungsschutzklage in time. An English-speaking German employment lawyer will understand both the local law and your situation as an expatriate.

Remember, the Labour Court process is designed to be employee-friendly. By filing within three weeks, you at least preserve your rights – you can always withdraw the claim later if you choose. But if you do win (or negotiate), the rewards can include your job back or a generous severance. At minimum, having a lawyer review your case and possibly negotiate on your behalf often leads to a better settlement than taking the termination lying down.

As an experienced defence lawyer in the field of employment law, I will represent you in all matters pertaining to dismissals. English-only speaking clients are more than welcome. We understand the special needs of expats and the challenges, that arise from living abroad in another jurisdictionon.

We advise you on all matters relating to employment law and represent you in North Rhine-Westphalia (Bonn and Cologne) and throughout Germany (especially Frankfurt, Hamburg, Berlin and Munich. So if you have received a dismissal - contact us immediately for a free initial assessment. 

Contact me – you can use the anwalt.de contact form or the website of our law firm.

Legal notice: This article does not constitute complete legal advice and is not a substitute for a personal consultation with a qualified lawyer.