Your Employment Lawyer for Employees
A dismissal notice has arrived, your wages are withheld or a formal warning is putting you under pressure? Clear information and timely action are now crucial. We examine your documents, explain your rights and discuss possible next steps. Whether you want to keep your job, resolve outstanding claims or negotiate a separation: you will receive guidance for your decision.
Dismissal and Termination Agreement: What matters now
After receiving a dismissal notice you should first document the receipt and promptly seek legal advice. An unfair dismissal claim must generally be filed with the Labour Court within three weeks of receipt of the written notice of dismissal. Discussions with the employer do not replace the claim and do not suspend the deadline. We examine the grounds for dismissal, form, deadlines and any protective rights, as well as your objective for the further course of action.
A termination agreement ends your employment relationship by mutual consent, but may have significant disadvantages. Do not sign without examination: there is no general right of withdrawal, and you are not automatically entitled to severance pay. We examine the offer and negotiate terms where necessary. We also take into account any potential benefit suspension periods or the suspension of unemployment benefits and the agreed termination date.
A separation involves more than just the last working day. Outstanding wages, holiday entitlement, garden leave and a qualified reference should be expressly clarified. We discuss with you whether legal action, negotiations or another response is appropriate for your situation. Costs, evidence and legal risks form part of the assessment. A settlement may be worthwhile but guarantees neither severance pay nor a particular outcome.
Keep the dismissal letter and envelope and note the date and circumstances of receipt. Have your employment contract, most recent payslips and any contractual offer to hand. Do not sign a separation agreement under time pressure. An enquiry alone does not preserve the limitation period for a claim; clarify timely filing expressly.
Frequently asked questions about dismissal and termination agreements
How long do I have to bring an unfair dismissal claim?
Under § 4 KSchG generally three weeks from receipt of the written notice of dismissal. This regularly applies also if you wish to assert a formal defect or special protection. Negotiations do not extend the deadline. If it may have lapsed, it should be checked immediately whether an exceptional late admission of the claim is possible.
Does a dismissal have to be in writing?
A dismissal requires written form under § 623 BGB; electronic form is excluded. An e-mail, a scan or a messenger message is not sufficient. This also applies to termination agreements. Nevertheless, clarify promptly how you should respond and whether a signed original has also been received.
Do I automatically receive severance pay after a dismissal?
No. A claim may arise, for example, from an agreement, a social plan or a specific statutory provision. An unfair dismissal claim is directed at the continuation of the employment relationship, not automatically at a payment. Whether severance pay is negotiable depends, among other things, on the litigation risks and the employer's willingness to negotiate.
Can I withdraw a signed termination agreement?
There is no general right of withdrawal. Rescission, for example on grounds of unlawful duress, or objections based on unfair negotiation are only available under specific conditions. Have the circumstances and deadlines examined without delay. It is better to seek advice before signing and to request time for consideration.
What consequences does the separation have for my unemployment benefit?
A termination agreement or a resignation can trigger a disqualification period; where severance pay is paid and employment ends prematurely, a suspension of entitlement may additionally arise. Exceptions must be examined in each individual case. As a general rule, register as a jobseeker no later than three months before the end of employment; if you learn of the end at short notice, within three days. This registration deadline is not the claim deadline; registration as unemployed is additionally required.
What should I have regulated regarding garden leave and reference?
Clarify whether the garden leave is paid, revocable or irrevocable, and whether holiday entitlement or time credits are effectively set off. Deduction of interim earnings may also be important. For the qualified reference, content and time of issue should be discussed. On a separation, do not rely solely on verbal assurances.
Wages, Overtime and Working Hours: Clarifying claims
Your wages are paid late, a supplement is missing or a bonus is withheld? First check what the employment contract, collective agreement and workplace regulations provide. We compare undertakings, payslips and payments and calculate potential claims. For variable remuneration, targets, conditions and due dates also matter. Whether a deduction is permissible cannot be determined from the last payslip alone.
Overtime is not automatically remunerable simply because it appears in a time-recording system. What matters is the agreed remuneration and whether additional work was ordered, approved, tolerated or required in order to fulfil the assigned tasks. Keep a record of start, end, breaks and reason. We examine your evidence as well as rules on working-time accounts and time off in lieu, and distinguish payment claims from statutory working-time limits.
Outstanding claims may be forfeited by exclusion periods long before the statutory limitation period applies. Some provisions require a claim to be made first in a specific form and then followed by a timely action. We examine validity, exceptions and the relevant dates in your case. Therefore, do not wait until the end of the employment relationship: a specific, verifiable claim is more useful than a general request for clarification.
Arbeitszeit in Frage und Antwort
Orientierung für Beschäftigte zu Arbeitszeit, Zeiterfassung und Überstunden. Das Buch hilft, Fragen aus dem Arbeitsalltag einzuordnen; die Prüfung Ihres konkreten Anspruchs ersetzt es nicht.
Zum Buch beim Verlag ↗Prepare a monthly overview showing the amount owed, the payment made and the difference. Record additional working hours by date, duration, task and who ordered them. Secure evidence only lawfully, without taking other employees' personal data or customer data. Have the deadline and form of the claim examined early and keep proof of its delivery.
Frequently asked questions about pay and working hours
What can I do if my salary isn’t paid?
Check the due dates and whether payment has been received, and specifically request payment of the outstanding amount for the relevant period. You should verify the date of receipt, payment deadlines and, where applicable, interest on late payments. If payment is not made, legal action may be considered. Do not cease work of your own accord; any potential right of retention requires careful legal scrutiny.
What evidence do I need to provide for overtime?
For each day, make a note of the start and end times, any breaks, and any work carried out beyond the agreed working hours. It is also important to establish the connection with the employer: who ordered, approved or clearly condoned the overtime, or why was it necessary? Duty rosters, admissible documented evidence and potential witnesses can help. A timesheet on its own is not always sufficient.
Does my salary cover all my overtime?
A blanket contractual clause without a clearly defined scope is often problematic. Whether a limited lump-sum payment is valid and whether an additional claim exists depends on the wording, the remuneration and other circumstances. Collective agreement provisions or time off in lieu may also be relevant. Statutory working time limits apply regardless of how overtime is remunerated.
What does a limitation period mean for my claim?
It may require a claim to be made within a few months. Two-stage schemes also provide for a separate time limit for bringing legal proceedings. The starting point of the time limit, the required form and the validity of the claim must be assessed on a case-by-case basis; not every claim is covered, such as the statutory minimum wage. An informal enquiry does not provide reliable protection against the claim becoming time-barred.
Can my employer withdraw a bonus that has been promised?
It’s not that straightforward. The key factors are the commitment, the agreed targets, whether these were set or agreed upon in good time, and the applicable terms and conditions. Simply stating that the arrangement is voluntary does not answer every question. Under certain circumstances, a failure to set targets or a delay in doing so may give rise to claims for damages. Keep a record of the bonus scheme, target documentation and all previous correspondence.
Will I still be paid whilst I am off sick?
After four weeks of continuous employment, employees are generally entitled to continued payment of wages for up to six weeks, provided the statutory requirements are met. Special rules apply in the event of repeated incapacity for work due to the same illness. Obligations to notify and provide evidence remain important. In the event of a dispute over payment, the period in question, any pre-existing conditions and the employer’s justification should be examined.
Reviewing warnings, transfers
and discrimination
A formal warning may pave the way for a subsequent dismissal. You should therefore check exactly what the specific allegation is and what evidence supports or contradicts it. We will assess the content and validity of the allegation and discuss whether it would be advisable to submit a counterstatement or seek to have the entry removed from your personnel file. A hasty apology can be just as detrimental as a blanket rejection without first examining the matter.
A change of workplace, new duties or altered shifts can place a significant strain on your daily life. Whether you are obliged to accept a transfer depends, amongst other things, on the terms of your contract and a fair balancing of your interests. We will review the instruction and the possible courses of action, including seeking legal protection in urgent cases. Do not refuse to work without seeking advice first: a misjudgement could result in a loss of pay or dismissal.
You should document any repeated disparagement or unfair treatment in a factual manner. Not every conflict constitutes discrimination under the AGG; in particular, a link to a protected characteristic is crucial. We will examine the complaints procedures, protective measures and possible claims. A two-month time limit often applies for making a written claim for damages or compensation; in addition, time limits for bringing legal action must be observed.
Laws governing persons with severe disabilities
Designed to support the work of the representatives for people with severe disabilities, it is also useful for employees seeking guidance on their rights in relation to severe disability or equality. This commentary is not a substitute for an assessment of your individual situation.
Go to the book’s page on the publisher’s website ↗Keep an objective record: date, location, those involved, the exact wording where possible, and any witnesses. Keep your observations separate from your opinions and retain any relevant correspondence. Do not make any secret audio or video recordings. Before refusing to work or resigning, have the risks and alternatives assessed.
Frequently asked questions about warning letters and disputes
Do I have to contest a warning letter straight away?
There is no general statutory three-week period as there is in the case of dismissal. Remaining silent does not automatically mean that you accept the allegation. Nevertheless, you should secure supporting evidence as soon as possible. Whether you should issue a counterstatement, demand that the content be removed, or respond in some other way initially depends on the content and your circumstances. Do not sign any acknowledgement without checking it first.
Can my employer transfer me to another location?
The right to issue instructions under section 106 of the Trade Regulation Act (GewO) is limited, amongst other things, by contract, collective bargaining agreements and works agreements. Where there is any discretion, the employer must exercise their discretion in good faith, i.e. take due account of the vital interests of both parties. Distance, childcare responsibilities and operational reasons may be relevant factors in this regard.
Am I allowed to ignore an instruction that I consider to be unlawful?
An unreasonable instruction is not binding. However, whether it is in fact unreasonable or invalid for other reasons may be a matter of dispute. An incorrect assessment carries considerable risks. You should therefore seek advice at short notice on how to raise objections, safeguard your rights and, if necessary, seek urgent legal redress, rather than ceasing work of your own accord.
Is every instance of unfair treatment a form of discrimination?
No. The AGG protects against discrimination on the grounds of certain characteristics, such as gender, disability, age, religion or ethnic origin. An unfair tone or a personal dispute alone is not sufficient grounds for this. However, duties of care may also be breached outside the scope of the AGG. What matters are specific incidents, their context and the available evidence.
What are the time limits for bringing a claim of discrimination under the AGG?
Claims under Section 15 of the General Equal Treatment Act (AGG) must, as a general rule, be lodged in writing within two months, unless the parties to a collective agreement have agreed otherwise. The starting point depends on the individual case, often on the date on which the discrimination came to light. In addition, a three-month time limit generally applies to an action for compensation following the written lodging of the claim (Section 61b of the Labour Court Act (ArbGG)). Ensure that both deadlines are checked at an early stage.
How can I provide evidence of traumatic incidents and seek help?
Record incidents promptly, noting the date, those involved and any potential witnesses. Only collect evidence in accordance with the law; covert recordings are not an acceptable method. Depending on the circumstances, you may wish to contact your line manager, the HR department, the works council or the relevant AGG complaints office. If you are experiencing health problems, seeking medical advice may be important. An internal complaint does not replace the need to pursue your claim within the prescribed time limit.
Your enquiry. A clear next step.
Please describe your matter to us, state the name of your employer and any upcoming deadlines. Before taking on your case, we will clarify any potential conflicts of interest, the scope of our advice and the costs involved. A enquiry alone does not constitute an acceptance of the case and does not preserve any time limit.
In the first instance before the employment tribunal, each party generally bears its own legal costs – regardless of the outcome (Section 12a of the ArbGG). We will work with you to assess whether legal expenses insurance or legal aid may be available. We cannot guarantee that costs will be covered.
Legal notice: This information is intended as a general guide only and is no substitute for an assessment of individual cases. The decisive factors are your documents, the specific circumstances and the applicable statutory, collective agreement and contractual provisions. Please seek clarification on any pending deadlines without delay.
