Can my employer simply fire me?
June 5, 2024 | 30,00 EUR | answered by Bernhard Vollmann
Dear Employment Lawyer,
I am Clara Keck and have been working as an accountant in a medium-sized company for three years. Recently, my employer informed me unexpectedly that he wants to terminate my employment. I am shocked and confused because I have not had any issues with my work performance so far and have not received any warnings.
My employment relationship has been smooth so far, and I have always been dedicated and reliable. I have no idea why my employer suddenly decided to dismiss me. I am worried about my future and financial security.
Therefore, I would like to know from you if my employer can simply terminate my employment like this. Are there any legal reasons that could justify a dismissal? What steps should I take now to resist the dismissal and protect my rights as an employee?
I thank you in advance for your support and advice in this difficult situation.
Best regards,
Clara Keck
Dear Mrs. Keck,
Thank you for your inquiry and the trust you have placed in me. It is understandable that you are concerned and uncertain in light of the unexpected termination by your employer. In Germany, the principle of protection against dismissal applies, which is intended to protect employees from arbitrary or unjustified terminations. Therefore, there are certain legal requirements that must be met for a termination to be effective.
First and foremost, it is important to check whether your employer has given a reason for the termination. Basically, there are two types of termination reasons: personal, behavioral, and operational reasons. Personal reasons exist when the personal characteristics or abilities of the employee are incompatible with continued employment. Behavioral reasons exist when the employee has seriously violated their contractual obligations. Operational reasons exist when operational requirements necessitate a termination, for example due to restructuring or economic reasons.
If your employer has not given a reason for the termination, this could already be an indication that the termination is invalid. In this case, it could be a so-called "unfounded termination" that can be challenged in the labor court. Even if you have not received any warnings, this alone is not sufficient to justify a termination.
To defend against the termination and protect your rights as an employee, I recommend that you first seek a conversation with your employer and inquire about the reasons for the termination. If necessary, you can also submit a written statement and seek legal advice. It is important that you file a protection against dismissal claim with the competent labor court within three weeks of receiving the termination in order to preserve your chances of a successful lawsuit.
I am available to assist you in this process and defend your rights. Please do not hesitate to contact me if you have any further questions or need advice.
Yours sincerely,
Bernhard Vollmann
Employment Lawyer
