You received a Kündigung — what happens now
A Kündigung is a notice of termination. The moment it reaches you, a three-week deadline starts running. Miss it, and the termination becomes legally valid — even if it was clearly defective.
Three weeks from delivery, not from reading. The clock starts on the day the letter was placed in your letterbox. Being on holiday, being ill, or not understanding the letter does not extend it.
What to do in the first 48 hours
- Keep the envelope. Note the date it arrived, with a witness if you can. The postmark often decides the case later.
- Sign nothing. No termination agreement, no settlement document, no acknowledgement of receipt with the wrong date.
- Register as seeking work with the Agentur für Arbeit. This is a separate obligation with its own deadline (§ 38 SGB III), and it applies even if you challenge the dismissal. Missing it can lead to a blocking period for unemployment benefit (§ 159 SGB III).
- Check for legal expenses insurance. If you have one, I will contact the insurer for you.
- Collect your documents: employment contract and any amendments, the termination letter with its envelope, your last three payslips, any written warnings (Abmahnungen).
- Get advice. The earlier, the more room there is.
When a dismissal can be challenged
Formal defects
A termination must be in writing and signed by hand (§ 623 BGB); an email, a message or a scan is not valid. If someone signs on the employer’s behalf without enclosing the original power of attorney, the termination can in some cases be rejected for that reason (§ 174 BGB) — but only if you act promptly.
Whether the Protection Against Dismissal Act applies
The Kündigungsschutzgesetz applies only after a qualifying period of employment and in businesses above a certain size (§ 1, § 23 KSchG). Part-time staff count proportionally, which is worth calculating carefully. Even where the Act does not apply, formal requirements and special protection still do.
Whether there is a valid reason
Where the Act applies, the termination must be justified on personal, conduct-related or operational grounds. Operational dismissals frequently fail on the social selection criteria — the employer must choose whom to dismiss according to defined factors, and getting this wrong makes the dismissal invalid.
Special protection
During pregnancy, parental leave and in cases of recognised severe disability, the competent authority must approve the dismissal in advance (§ 17 MuSchG, § 18 BEEG, § 168 SGB IX). Works council members can usually only be dismissed for cause and with the consent of the works council (§ 15 KSchG, § 103 BetrVG). Without the required approval, the termination is invalid.
The works council
If your employer has a works council (Betriebsrat), it must be properly consulted before any dismissal (§ 102 BetrVG). Failure to do this correctly is one of the most common employer errors — and it makes the dismissal invalid regardless of the underlying reason.
Most cases are about money, not the job
Very few claims end with the employee returning to work. The usual outcome is a settlement in which the employment ends and the employer pays severance.
There is generally no statutory right to severance in Germany. What determines the amount is how risky the case looks for the employer — which is why the defects listed above matter even if you have no intention of going back.
What it costs
Before the labour court of first instance, each party bears its own legal costs regardless of the outcome (§ 12a ArbGG). This is unusual by international standards and catches people out, so I say it before you instruct me rather than after.
If the case settles, no court fees arise. Legal expenses insurance often covers employment matters, provided employment cover is included and the waiting period has passed. Where there is no insurance, state legal aid may be available depending on your income.
Does this affect my residence permit?
It may, and this is the question I am asked most often. Many residence permits are tied to employment, and losing a job can affect your status and the time you have to find another position.
I do not practise immigration law, so I will not advise you on your permit. What I can do is take it into account when we negotiate — the date on which the employment formally ends is often negotiable, and that date can matter a great deal to you. Tell me at the outset if your permit depends on this job.
Common questions
The three weeks have already passed. Is it too late?
For challenging the dismissal itself, generally yes — it is treated as valid once the deadline expires. A late claim can be admitted in narrow circumstances where you were genuinely prevented from filing in time. Have the case looked at anyway: claims for a reference, outstanding holiday pay and unpaid wages exist independently of that deadline.
Do I have to sign the termination letter?
No. A termination is a one-sided declaration and does not become valid through your signature. If you are asked to confirm receipt, write only the actual date.
My German is limited. Can we do everything in English?
Between us, yes. Written submissions to the court are filed in German, and the court arranges an interpreter for hearings. Most employment cases settle before it gets that far.
Is it worth claiming if I do not want the job back?
Often yes. The claim is the instrument through which severance, the end date, the reference grade and garden leave are negotiated. Without it you have no leverage.
The deadline is already running
Send me the termination letter and your contract. You will get an assessment of whether and how it can be challenged. Appointments take place in Bad Salzuflen or by video call; the contact form is in German, but you are welcome to write in English.
General information only, not advice on an individual case. Last updated: October 2026.