Dismissal ground
Review of how the employer explains illness and operational burden.
Dismissal due to illness
Berlin and across Germany
Dismissal Due to Illness – Lawyer
Prognosis, balancing of interests, and deadlines in Germany
If a dismissal is based on illness, the key issues are often the health prognosis, operational impact, milder alternatives, and whether the dismissal is legally supportable at all.
These are usually the points that matter most in employment disputes:
- ›Review of the dismissal reason, health prognosis, and operational justification
- ›Assessment of reintegration process, alternatives, and balancing of interests
- ›Evaluation of deadlines, prospects of a claim, and negotiation leverage
- ›Clear lawyer guidance on the most sensible strategy
You receive clear guidance on whether the illness-related dismissal appears sustainable and how you should respond.
Important: In illness-dismissal cases, a close look at prognosis, history, and less severe alternatives is often critical.
Full service in English language
What an illness-dismissal review usually covers
Reintegration process and alternatives
Assessment of whether less severe measures or a reintegration process matter.
Deadlines and claim strategy
Evaluation of how quickly you need to react and what prospects a claim has.
Consequences of separation
Clear guidance on how references, garden leave, or other issues should be considered as well.
Frequently asked questions
Does every long illness automatically justify dismissal?
No. The answer depends on prognosis, operational consequences, and the overall circumstances.
Does a reintegration process matter here?
Yes. The question of less severe alternatives can be important for the assessment.
Do I need to react especially quickly because of the deadline?
Usually yes. Dismissals generally must be challenged in court within three weeks.
Can garden leave follow after this?
Yes. Depending on the employer's approach, the dismissal may be combined with garden leave.
Is this part of general employment law?
Yes. Illness-related dismissals are one of the sensitive specialist cases within dismissal law.
Mandant
a week ago
Highly competent and professional advice. Dr. Lerch works in a structured, efficient, and solution-oriented manner. I was particularly impressed by his ability to clearly and concisely explain complex legal issues and derive concrete courses of action from them. Agreements were reliably kept, feedback was prompt, and communication was consistently straightforward and professional. I was very satisfied with the advice and can wholeheartedly recommend Dr. Lerch!
Mandant
3 weeks ago
Dr. Lerch promptly returned my initial inquiry, and we were quickly able to schedule a personal consultation. He professionally addressed my concerns and took action. Any questions I had were answered quickly; he was friendly, empathetic, and offered a highly professional and honest opinion. I would definitely consult him again for legal advice.
Mandant
4 months ago
Mr. Lerch provided me with highly professional, calm, and dedicated support throughout my legal proceedings. I particularly appreciated his honest assessment of my case and the clear communication he maintained throughout the entire process. Thanks to his strategy and preparation, we achieved a significantly better outcome than originally anticipated in the penalty order. I felt well-advised and taken seriously at all times. I can therefore wholeheartedly recommend Mr. Lerch and thank him again for his support. B. Paal
How it works
Step 1
Send the documents and situation
You send the key documents and briefly explain the situation and any immediate time pressure.
Step 2
Have it legally reviewed
I review deadlines, legal challenge points, economic risks, and your negotiating position.
Step 3
Receive clear guidance
You receive clear guidance on which response or strategy makes sense.
Step 4
Implement the next steps
If further action makes sense, negotiation, correspondence, or court steps are implemented in a structured way.
About Dr. Lerch
Dr. Philipp Lerch advises clients with a focus on clear legal assessments, precise communication, and economically sensible outcomes. In illness-dismissal cases, it is often crucial to analyse the prognosis, the reintegration process, and the employer's operational reasoning carefully.
Related topics
Dismissal
The broader page on deadlines, claims, and negotiation strategy after dismissal.
Garden leave
If the dismissal is combined with garden leave.
Employment reference
If the reference should also be addressed as part of the separation.