Received notice: Which steps count now
Record access, clarify deadlines and determine your own goal. How to prepare for your termination review.
Record the date of receipt
After a termination, the passage of time will first decide which options remain open. Note when and how you received the letter. Save the envelope and note who has observed a personal delivery. The date on the letter of termination and the legally relevant date of receipt may differ.
Anyone wishing to defend themselves against a written notice of termination must generally file an action for protection against dismissal within three weeks of receipt of the notice. This results from § 4 KSchG. If the invalidity is not claimed in good time, the termination may be considered effective in accordance with § 7 KSchG. Special cases and possible subsequent admission of action must be examined individually. Therefore, do not wait for an answer from the employer first.
Compile documents and open questions
For an initial classification, the complete letter of termination, the employment contract including amendments, current payslips and, if applicable, previous warnings are required. Add the start of employment, activity and the approximate size of the company. Please also share special circumstances such as pregnancy, parental leave or a recognized severe disability.
Terminations of employment contracts must be made in writing in accordance with Section 623 BGB; electronic form is excluded. Even if you send a message via email or messenger, it should be clarified promptly how you will react and whether a signed letter has also been received. A presumed lack of form does not replace an examination of the specific facts.
Complete the jobseeker registration independently
Reporting to the Employment Agency is a separate task. According to Section 38 SGB III, it must generally take place no later than three months before the end of the employment relationship. If you learn of the termination date less than three months in advance, the reporting period is three days from this knowledge.
In principle, this obligation also applies if you take action against the termination. A jobseeker registration must be differentiated from the unemployment registration that may be required later. Document the report and clarify with the agency what further steps are necessary for your situation.
Set the goal for the consultation
Would you like to keep your job or achieve an orderly termination? What is the significance of a good certificate, open pay, vacation or time off? With this information, the legal review can be tailored to your actual goal.
Present offered termination or settlement agreements for review before signing. A sensibly defined legal mandate initially includes the deadlines, the legal vulnerability of the termination and the possible next steps. A mere contact request does not meet the time limit for filing an action.
Sources & further information
- § 4 Protection Against Dismissal Act (KSchG) — Appeal to the Labour Court ↗
- § 7 Protection Against Dismissal Act (KSchG) — Effective date of termination ↗
- Section 623 BGB — Written form of termination ↗
- Section 38 SGB III — Jobseeker Registration ↗
This article provides general guidance. The options available depend on your specific situation.