An email, WhatsApp or text message does not meet § 623 BGB. As a practical litigation precaution, employees should seek legal advice immediately and usually file within three weeks, because § 7 KSchG may treat even formally defective dismissals as valid if no claim is filed.
On the substance, the answer is no: a dismissal sent by email, WhatsApp, text message, fax, or scanned PDF is formally invalid under § 623 BGB and does not end your employment by itself. The procedural problem is that the form defect alone is rarely a safe place to rest — get legal advice on the three-week timeline.
The form requirement (§ 623 BGB)
§ 623 BGB requires that the termination of an employment relationship be declared in writing (schriftlich). Under § 126(1) BGB, this means a paper document that has been signed by hand by the person making the declaration. An electronic signature does not satisfy the form unless both parties have specifically agreed in advance to use a qualified electronic signature for this purpose (almost never the case in practice).
That rule applies to both employer dismissals and employee resignations. An employee who sends a “Hereby I resign” email is also not formally bound by it — the resignation is form-defective and can be retracted.
What counts as „in writing”
A valid written dismissal:
- Is on paper (not on a screen);
- Is signed in original ink by a person authorised to dismiss you (often the managing director or HR head, sometimes supported by a power of attorney that must accompany the dismissal under § 174 BGB);
- Is delivered to you in physical form — handed to you in person, or sent by post or courier.
A photocopy or scan of a signed letter does not satisfy the form. The original must be served. An emailed photo of a signed paper dismissal is also formally insufficient — even if it would intuitively seem to satisfy „in writing”.
Why you must still file within three weeks
Here is the trap. § 4 KSchG requires you to challenge any dismissal — even a formally invalid one — within three weeks at the labor court. If you don’t, § 7 KSchG treats the dismissal as effective by force of law. The form defect is rolled into the same three-week window as every other defect.
So: if your employer „dismisses” you by WhatsApp, the message does not end your employment and you should normally still file the Kündigungsschutzklage within three weeks. The form defect is a near-guaranteed win in court — but only if you file.
Verbal dismissals
The same logic applies. A verbal „you’re fired” in a meeting is void under § 623 BGB. The clock starts the moment it is uttered (controversial — some courts argue the clock only starts on a formally proper written dismissal; conservative practice is to assume it starts on the verbal statement).
If a verbal dismissal is given, write the employer back the same day confirming receipt and asking for a written dismissal: „Dear [HR], I refer to our meeting today at [time]. You stated that my employment is terminated effective immediately. As required by § 623 BGB, please confirm this in writing. Until I receive a properly signed paper dismissal, I will continue to perform my duties.” This preserves both the form-defect argument and your willingness to work (avoiding any „self-resignation” reinterpretation).
What the email/WhatsApp dismissal usually signals
Employers who serve a dismissal by message — rather than by signed paper letter — often fall into one of these categories:
- A small company or start-up whose founders are not familiar with German employment law.
- An employer who panicked and wanted to act fast.
- An employer who knows the substantive grounds are weak and is hoping you will accept the „decision” without filing.
- An employer (often a foreign-headquartered group) who is used to less formal HR processes in their home jurisdiction.
All four are favourable for you in negotiations, but only if you preserve the claim by filing the Kündigungsschutzklage within three weeks.
How to preserve evidence
- Take screenshots of the message showing the date, time, sender, and full content. Save them in two places.
- Do not delete the original message or chat thread.
- If the message has been edited or recalled (in WhatsApp), the original notification you received is still evidence.
- Do not reply with anything that could be read as acceptance („Understood, thanks” can be twisted into agreement).
- Forward the email to a personal address as backup (subject to your contract’s confidentiality terms).
- Note witnesses (colleagues who were in the meeting where a verbal dismissal was given).
Combination scenarios
Some employers send an informal email or message first, then follow up with a proper paper letter days or weeks later. Two important points:
- The 3-week clock runs separately for each „dismissal” — both must be challenged in time. Filing against only the second (formally valid) dismissal leaves the first one „deemed valid” and the strategic landscape becomes complicated.
- If the paper letter arrives after we have already filed against the informal message, we extend the claim to cover the second dismissal too via a Klageerweiterung.
Best practice: file against the informal dismissal as soon as practical, and amend the claim later if a paper letter arrives.
The § 174 BGB defect — wrong signatory without authority documentation
Even paper dismissals are often defective in a related way: under § 174 BGB, if the dismissal is signed by someone other than the company’s managing director (Geschäftsführer) or board member, the signatory must include the original power of attorney (Vollmacht) with the dismissal letter. If the Vollmacht is missing, you can — within „unverzüglich” (usually a few days) — reject the dismissal by sending a written rejection to the employer (Zurückweisung unter Berufung auf § 174 BGB).
The rejection makes the dismissal void. The employer typically reissues with the proper Vollmacht, which restarts the three-week clock (controversial — most courts apply the original deadline). We routinely deploy this argument where applicable. Common scenarios: dismissal signed by an HR director or department head who is not separately authorised in the commercial register (Handelsregister).
What about a dismissal sent via DocuSign or another e-signature platform?
Currently still formally invalid for German dismissals under § 623 BGB, despite electronic signatures being accepted for many other contracts. The BAG has been conservative on extending § 126a BGB (qualified electronic signature) to dismissals. Some commentary suggests this may change in the future, but as of now, paper-with-wet-ink is the only safe form.
Practical signal: what to do next
- Save all evidence of the informal dismissal (screenshots, emails, witness names).
- Reply minimally to the employer, confirming receipt but reserving all rights. Do not accept the dismissal in any form.
- Bring everything to us within the first week. Free initial assessment.
- We file the Kündigungsschutzklage within the 21-day window of § 4 KSchG.
- If the employer reissues a proper paper dismissal in the meantime, we extend the claim.
Frequently asked questions
My boss sent me a WhatsApp saying „you’re fired”. Is this real?
Formally no — under § 623 BGB it does not end your employment. But practically you must still file a Kündigungsschutzklage within three weeks to preserve all your rights. Bring the WhatsApp to us today.
The dismissal came as a PDF attached to an email. Same answer?
Yes. PDF attachments — even of signed letters — do not satisfy § 623 BGB. The original paper must be served. File anyway.
If I ignore the email/WhatsApp, can I just keep working?
Technically yes — your employment continues until properly terminated. But you risk the employer treating you as having abandoned the position, and the situation gets messy fast. Better: respond minimally, file the Klage, and let the court sort it out.
Will the form-defect argument win in court?
Almost always, yes. Form defects under § 623 BGB are among the most reliable wins in German employment law. Most cases settle at the Gütetermin once the employer realises the dismissal is form-defective and would lose in chamber.