English-speaking dismissal lawyers in Germany. If you have received a written Kündigung, the clock is already running: § 4 of the Kündigungsschutzgesetz gives you 21 days to file a wrongful-dismissal claim (Kündigungsschutzklage) at the competent Arbeitsgericht. Miss the deadline and the dismissal is treated as valid by statute — regardless of how unlawful it was on the merits.
What a dismissal lawyer does for you in Germany
A German dismissal lawyer (Fachanwalt or experienced employment-law lawyer) reads the dismissal letter against the strict formal requirements of § 623 BGB, identifies whether the substantive grounds will hold up under § 1 KSchG, and files the wrongful-dismissal claim within the 21-day window. From there, the lawyer represents you at the conciliation hearing (Gütetermin) and, if needed, the chamber hearing (Kammertermin) at the labor court. In the vast majority of cases the matter resolves at the Gütetermin with a settlement — usually a severance payment, a negotiated reference letter (Zeugnis), and a clean release of all claims.
At BSvH Rechtsanwälte we represent only employees, never employers. All correspondence happens in English; we file the German court documents on your behalf and translate the key steps so you always know what is happening.
The three-week deadline — why timing is everything
Under § 4 KSchG, the Kündigungsschutzklage must reach the competent Arbeitsgericht within three weeks of the moment the written dismissal physically reached you. The deadline runs even where the dismissal is formally void (email, WhatsApp, missing signature, wrong signatory) or substantively without merit, because § 7 KSchG treats every dismissal as legally valid once those three weeks have run without a claim being filed.
The narrow out-of-time relief of § 5 KSchG only helps if you were prevented from filing through no fault of your own — typically a hospitalisation that began before the dismissal arrived. „I didn’t know there was a deadline” never qualifies.
When the dismissal is unlawful: the three substantive grounds
Once you have been employed for more than six months at an employer with more than ten full-time-equivalent staff, the Kündigungsschutzgesetz applies and the employer must justify the dismissal under one of three statutory headings:
If the dismissal does not fit any of these headings (and no special protection applies, see below), it is socially unjustified and therefore void — which is exactly what the Kündigungsschutzklage asks the court to declare.
Extraordinary (fristlose) dismissal
An extraordinary dismissal under § 626 BGB ends the employment immediately, without notice. Reserved for serious breaches — theft, violence, serious fraud, gross insubordination — where it is unreasonable to expect the employer to continue the relationship even until the end of the notice period. The employer has two weeks from learning the facts to issue the extraordinary dismissal (§ 626(2) BGB), and for breaches that could be cured by a warning the warning step must usually come first. Most extraordinary dismissals do not survive court scrutiny and end with a settlement that converts the dismissal into an ordinary one with notice pay and severance.
Special protection categories — where dismissal is structurally hard
- Pregnant employees and parents during parental leave — dismissal requires prior consent of the regional supervisory authority (§ 17 MuSchG / § 18 BEEG). Notify the employer of the pregnancy within two weeks of receiving any dismissal.
- Severely disabled employees — consent of the Integrationsamt required before any dismissal.
- Works-council members — protected during their term and for one year after, dismissible only for extraordinary grounds with the works-council’s consent.
- Apprentices after the probation period — only dismissible for serious cause.
How a Kündigungsschutzklage actually runs
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Filing within 21 days
We draft the Klageschrift and file it electronically (beA) at the competent Arbeitsgericht. The court charges no advance fee from the employee at filing.
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Gütetermin (conciliation hearing)
Roughly 4–8 weeks after filing. A single judge invites both sides to attempt settlement. Over 70 % of cases end here with a severance and a release. We attend on your behalf — you usually do not need to travel.
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Kammertermin (chamber hearing)
If no settlement is reached, a chamber of one professional judge and two lay judges hears witnesses and decides on the merits months later. Most remaining cases still settle on the courthouse steps for a higher severance.
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Judgment & back-pay
If the dismissal is held void, your employment continues and the employer owes all wages from the dismissal date forward (Annahmeverzugslohn under § 615 BGB). If upheld, employment ended at the end of the notice period. Either side can appeal to the Landesarbeitsgericht within one month.
Severance — how it is actually calculated
Germany has no general statutory right to severance. In practice severance is the price the employer pays for ending the dispute early. The customary starting point under § 1a KSchG is 0.5 × gross monthly salary × completed years of service (Regelabfindung). The real number is driven by:
What to do in the first 72 hours after receiving a dismissal
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Note the date of receipt
Keep the envelope. Photograph it with the postmark. The 21-day clock starts the moment the letter physically reaches you.
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Do not sign anything else
Especially not a termination agreement (Aufhebungsvertrag) or release. Signing typically triggers a 12-week Sperrzeit on unemployment benefits and waives almost everything you could otherwise negotiate.
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Register as job-seeking within 3 days
Online at arbeitsagentur.de. Missing this three-day window triggers a separate one-week Sperrzeit under § 159(1) Nr. 7 SGB III.
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Continue to offer your work
Show up unless the employer has placed you on garden leave in writing. Refusing to work can be twisted into a self-resignation argument.
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Contact a dismissal lawyer
The earlier we know about the case, the more leverage we have. Initial assessment is free.
Why work with BSvH on your dismissal case
- English is our working language. All correspondence, calls and meetings happen in English.
- Same-day response. Free initial assessment within one business day, including a realistic severance range and a check on your legal-protection insurance.
- Nationwide labor-court representation. Based in Bonn but representing clients at every Arbeitsgericht in Germany.
- Transparent RVG-based fees. If you have Rechtsschutzversicherung, we handle the Deckungsanfrage and bill your insurer directly. See our full Costs & Fees page.
- Three specialised employment lawyers — you always know who is handling your case. See the team.
Frequently asked questions
Do I really only have 21 days to act after a dismissal in Germany?
Yes. Under § 4 KSchG the Kündigungsschutzklage must reach the Arbeitsgericht within three weeks (21 days) of receipt of the written dismissal. After that, § 7 KSchG treats the dismissal as valid by force of law, no matter how unlawful it was substantively.
Does my employer have to give a reason in the dismissal letter?
No. The German dismissal letter rarely states the reason on its face. The employer must justify the dismissal in court if you file the Kündigungsschutzklage. The reason then comes out in the employer’s pleading.
Will I have to appear in person at the labor court?
Usually no. The Gütetermin is often attended only by the lawyers. The Kammertermin sometimes requires the employee’s presence, but for most expat clients we attend on their behalf with a written power of attorney.
What does a dismissal lawyer in Germany cost?
Lawyer fees are set under the Rechtsanwaltsvergütungsgesetz (RVG) based on the Gegenstandswert (three monthly salaries in dismissal cases). For a €5,000/month salary, your side of the case typically costs €2,000–€2,500 gross. With legal-protection insurance, you pay only the deductible. See Costs & Fees.
Can I challenge a dismissal sent by email or WhatsApp?
The form is defective under § 623 BGB — but as a practical litigation precaution you should still seek advice immediately and in most cases file within three weeks, because the § 7 KSchG „deemed-valid” rule reaches form defects too.