What are my rights in the event of immediate termination of employment?
August 6, 2022 | 30,00 EUR | answered by Babette Krüger
Dear lawyer,
I am reaching out to you as I urgently need help regarding a dismissal without notice that I am facing. My name is Lina Mühlberg and I have been working in the accounting department of a medium-sized company for five years. Recently, I suddenly received a dismissal without notice from my employer, without any specific reason being given. I am completely surprised and uncertain about this decision, and now I am wondering what rights I have in this situation.
My employment relationship has always been impeccable and I have always performed my duties reliably. I am not aware of any wrongdoing that would justify a dismissal without notice. Now I am faced with the challenge of securing my livelihood and not endangering my reputation. I am very worried about my future and wondering how best to proceed.
So my question to you is: What rights do I have in the case of a dismissal without notice and how can I defend myself against it? Are there any options to challenge the dismissal or negotiate a severance payment? I kindly request your assessment and support in order to uphold my rights as an employee and find a fair solution in this difficult situation.
Thank you in advance for your help.
Best regards,
Lina Mühlberg
Dear Mrs. Mühlberg,
I understand your concern and uncertainty regarding the sudden termination of your employment by your employer. It is a stressful situation, especially when you are not aware of any wrongdoing and your employment has been flawless so far. In such cases, it is important that you know your rights as an employee and how to best defend yourself.
A sudden termination is an extraordinary dismissal that is only lawful under certain conditions. Your employer must have a serious reason for the termination that has so heavily burdened the employment relationship that continuing it would be unreasonable. Possible reasons for a sudden termination could be theft, fraud, bullying, or serious breaches of duty. If you have not been given a specific reason, you should ask your employer in writing for an explanation of the termination.
If you still believe in your innocence, I recommend that you promptly seek advice from a specialized employment lawyer. A lawyer can assess your situation, uncover any mistakes made by the employer, and provide you with legal support. Together, you can decide whether it is advisable to challenge the sudden termination and potentially negotiate a severance package.
It is important that you gather all relevant documents and information related to your employment and prepare well to effectively represent your rights. Also, remember that after a sudden termination, you may be entitled to unemployment benefits if you are unemployed and meet the requirements.
I hope that my information has been helpful to you and I am available for any further questions. Please do not hesitate to contact me to discuss your situation in more detail and find a solution.
Best regards,
Babette Krüger, Employment Lawyer
