Does my employer have to give me a reason for termination?
May 15, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear team,
My name is Lilli Seiler and I have been working as a Marketing Manager in a medium-sized company for three years. Recently, I received a termination notice from my employer without being given a reason. Now I am worried about my professional future and wondering if my employer is obligated to provide me with a reason for the termination.
Regarding my current situation: I have always carried out my work diligently and with dedication, and have been satisfied with my employment relationship thus far. There have been no complaints or conflicts with my superiors or colleagues. The sudden termination without explanation has therefore surprised and unsettled me.
The current situation is that I do not know why my employer has terminated my employment and what reasons are behind this decision. I feel that my employer is not acting fairly towards me and would like to know if they are obligated to provide me with a reason for the termination.
My worries are varied. I am concerned that I may have been terminated unlawfully or that there may be discriminatory reasons for the termination. Additionally, I do not know how to proceed and what steps I can take to uphold my rights as an employee.
Therefore, my question to you is: Does my employer have to provide me with a reason for the termination and what options do I have to enforce my right to a proper termination?
Thank you in advance for your support.
Kind regards,
Lilli Seiler
Dear Mrs. Seiler,
I understand your concerns and uncertainties regarding your sudden termination without stating any reasons. It is understandable that you are wondering whether your employer is obligated to provide you with a reason for the termination and what steps you can take to protect your rights as an employee.
In Germany, the Kündigungsschutzgesetz (Protection against Dismissal Act) applies, which provides certain regulations for the termination of employees. According to § 1 (2) KSchG, there must be a valid reason for a termination to be effective. In many cases, the employer is therefore required to state a reason for the termination. This is to give the employee the opportunity to review the termination and potentially challenge it.
If your employer has not provided you with a reason for the termination, you can request them in writing to disclose the reason. If your employer does not respond or does not provide a plausible reason, you may consider taking legal action. You can seek advice from a specialized labor lawyer who will represent your interests and assist you in asserting your rights.
It is important to note that a termination without stating reasons is not automatically invalid. However, as an employee, you have the right to know why you were terminated in order to potentially challenge it.
Regarding possible discriminatory reasons for the termination: In Germany, the General Equal Treatment Act (AGG) prohibits discrimination in the workplace. If you suspect that the termination was based on discrimination, I also recommend seeking advice from a lawyer to assess your rights and potentially claim damages.
In conclusion, I recommend that you remain calm and seek expert advice in a timely manner to protect your professional interests. I am available to clarify any further questions and support you in asserting your rights.
Best regards,
Bernhard Vollmann, Employment Lawyer
