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.

What to do in the first 48 hours

1. Keep the envelope. Note the date it arrived, with a witness if you can. The postmark often decides the case later.
2. Sign nothing. No termination agreement, no settlement document, no acknowledgement of receipt with the wrong date.
3. Register as seeking work with the Agentur für Arbeit. This is a separate obligation with its own short deadline, and missing it reduces your unemployment benefit.
4. Check for legal expenses insurance. If you have one, I will contact the insurer for you.
5. Collect your documents: employment contract and any amendments, the termination letter with its envelope, your last three payslips, any written warnings (Abmahnungen).
6. 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 signed on the employer’s behalf without proof of authority, the termination can be rejected on that ground alone — but only if you act promptly.

Whether the Protection Against Dismissal Act applies

The Kündigungsschutzgesetz applies where the employment has lasted more than six months and the business regularly employs more than ten people. Part-time staff count proportionally, which is worth calculating carefully — small businesses are often closer to the threshold than they think.

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

Pregnancy, parental leave, recognised disability and works council membership all carry additional protection. Without the required official approval, a termination in these situations 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 normally covers employment matters. 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.

General information only, not advice on an individual case. Last updated: August 2026.