Can my employer terminate me without any reason?
October 5, 2022 | 50,00 EUR | answered by Simon Büchner
Dear Civil Law Attorney,
I am reaching out to you as I am very concerned about my professional future. My employer has terminated my employment without any apparent reason and I am wondering if this is legal.
Background: I have been working as an office clerk in a medium-sized company for five years and have always been dedicated and reliable in my work. There have been no incidents or issues that would justify a termination. However, I suddenly received notice that my employment is being terminated.
As it stands, I am now in an uncertain situation and do not know what to do next. I have built my livelihood on my job and rely on my income. A termination without reason comes as a complete surprise to me and I am wondering if my employer is even authorized to do so.
My concerns are that I fear my termination may be unlawful and I have no legal means to address it. I would like to know if my employer can terminate me without cause and what options I have to protect my rights.
Therefore, my question to you is: Can my employer terminate me without cause and what can I do in this situation to defend myself? I would greatly appreciate your legal assessment and possible solutions.
Sincerely,
Xenia Hirschberg
Dear Mrs. Hirschberg,
Thank you for your inquiry and your trust in my expertise as a civil law lawyer. I am sorry to hear that you are in an uncertain professional situation and have been suddenly terminated by your employer, even though you believe there is no apparent reason for it.
First and foremost, I want to emphasize that in Germany, the right to terminate employment is heavily regulated by labor law. According to Section 1 (2) of the Protection Against Unfair Dismissal Act (KSchG), employers can only terminate employment relationships for specific reasons. These reasons include personal, behavioral, or operational reasons. A termination without any valid reason, also known as an "arbitrary termination," is generally not permissible.
In your case, if you state that there were no incidents or issues that would justify a termination, it is indeed questionable whether your employer's termination is lawful. It could be an "unjustified termination" that can be challenged in a labor court.
If you believe that your termination is unlawful, I recommend consulting a specialized labor law attorney immediately. They can analyze your situation, review the legal situation, and help you protect your rights. They may be able to file a claim for protection against dismissal to secure your professional future.
It is important that you gather all relevant documents, such as your employment contract, the termination letter, and any correspondence with your employer, and provide them to your attorney. The more information you can provide, the better your attorney can assess your legal position and act accordingly.
Overall, I recommend not remaining idle, but taking proactive steps to seek legal assistance. Your professional future and income are at stake, and it is important that you defend your rights.
I hope that my response has been helpful to you and wish you success in enforcing your rights.
Sincerely,
Simon Büchner
Civil Law Lawyer
