Received a dismissal: What employees should do now
The key first steps after a dismissal, with deadlines, documents, and the next legal options in mind.
Record receipt and deadlines immediately
Write down when and how you received the dismissal. Short deadlines can be decisive in employment law.
In Germany, an action against dismissal generally must be filed within three weeks of receiving the written notice.
Gather the relevant documents
- The original dismissal notice and envelope
- Employment contract and any amendments
- Warnings, emails, and other relevant correspondence
These documents help assess the formal requirements, reasons, and possible next steps.
Do not sign anything too quickly
A termination agreement or settlement receipt can have far-reaching consequences. Take time before making a declaration.
Read the dismissal notice closely
First identify which document you have received. A dismissal notice, termination agreement, change notice, and garden leave have different consequences. Keep the original and note the day it arrived. The envelope can also matter later if there is a dispute about the date or manner of delivery.
Read the whole document, including any attachments. Does it state a notice period, an end date, garden leave, or information about remaining holiday? Do not write on the original. Mark questions on a copy instead and keep all accompanying documents together.
The absence of a reason in the letter does not automatically make a dismissal invalid in every case. Equally, a stated reason does not by itself show that it will be legally sufficient. The contract, workplace, length of service, and events before the notice can all matter to the appropriate strategy.
Check employment-agency notifications promptly
Alongside employment-law deadlines, there may be social-security obligations. Find out promptly about registering as a job seeker or unemployed with the Federal Employment Agency. The relevant period can depend on when you learned that the employment relationship will end.
This registration does not replace an action against dismissal, and an action against dismissal does not replace registration. Keep both issues separate and retain confirmations and appointments so that your steps are documented.
A termination agreement or a resignation can have further implications for benefits. Before making a decision, it should be clear what the document may mean in your individual circumstances.
Keep communication with the employer factual
A dismissal often raises practical questions: Do you still need to work? What happens to holiday? When will you receive a reference? Keep communications as factual and written as possible. Ask for clarification where dates, tasks, garden leave, or the return of work equipment are unclear.
Avoid emotional quick reactions, public allegations, or taking confidential records. Even in a difficult situation, a calm and documented approach can improve your position. If you continue working, you generally remain subject to your duties unless something else has been validly agreed or instructed.
If a discussion about an agreed departure is offered, you can ask for time to consider it. You do not have to sign a termination agreement immediately. Make a note of every proposed term, such as end date, severance, garden leave, holiday, reference, and return of work equipment.
Clarify your goals for the next step
The best response to a dismissal is not the same for everyone. Some employees want to keep their job. Others primarily want an orderly transition, a good reference, or an agreed solution. These goals should be clear early because they can influence negotiations and the choice of next steps.
Severance is not automatically owed. Whether, and on what terms, a payment can be negotiated depends on the individual case. It is therefore sensible not to view a possible severance payment in isolation. The termination date, garden leave, holiday, reference, variable compensation, and possible effects on benefits may all matter.
Make a short list of your open questions and priorities. This makes an initial consultation more efficient and helps ensure that important issues are not missed under time pressure. Most importantly, do not wait until the action deadline is about to expire.
Checklist for the first days after dismissal
- Note the date and manner of delivery; keep the original notice and envelope.
- Gather the employment contract, amendments, warnings, and relevant emails.
- Put the usual three-week action deadline in your calendar.
- Check employment-agency notifications in good time.
- Do not sign a termination agreement or waiver without proper review.
- Write down open questions about garden leave, holiday, reference, and pay.
These steps do not replace individual legal advice, but they provide a clear initial framework. If the dismissal was unexpected, a special protection may apply, or a termination agreement is already on the table, a prompt legal assessment is particularly important.
Plan the next step in time
An early assessment can clarify whether an action, severance negotiation, or another route makes sense.
For an initial review, an organised collection of the key documents is usually enough. Provide the dismissal notice, employment contract and amendments, recent relevant correspondence, and a short chronology: when did the employment begin, were there warnings or earlier discussions, and what was said when the notice was delivered? Note any special circumstances, such as parental leave, pregnancy, severe disability, illness, or the involvement of a works council. These facts can matter to the assessment without deciding the answer in advance. Also note which outcome you are seeking and which deadlines are running. If you want to discuss severance or a termination agreement, provide all offered terms, not only the payment figure. The practical assessment often depends on the combination of date, garden leave, holiday, reference, and other clauses.