Dismissal in Berlin: What to Do If You Receive a Kündigung?

Have you received a dismissal (Kündigung) from your employer in Berlin? Many expats are shocked by the German process – but you only have 3 weeks to protect your rights!

Dismissal in Berlin labor court

This guide explains what you must do after being fired and how to avoid the biggest mistakes.

If you have been dismissed, it is important not to discuss the situation emotionally at your workplace. Instead, note the date you received the termination letter and keep the document in a safe place. German labor law is strict: You generally have only three weeks from the date you receive your notice to take legal action by filing a Kündigungsschutzklage (protection against dismissal lawsuit) at the Berlin labor court. Missing this deadline means you usually lose all rights to challenge the dismissal or claim compensation.

employment lawyer

You should contact a specialized employment lawyer as soon as possible. Your lawyer will check your chances, guide you through the process, and often deal with your legal insurance (if you have one). In most cases, negotiating directly with your employer is not effective and may even waste valuable time.

This article will walk you step-by-step through the process, answer the most common questions, and help you avoid costly mistakes.

law office in Berlin

If you need immediate legal support, contact our office for an English-speaking consultation.

Step 1: Stay Calm and Don’t Argue with Your Employer

Don’t argue or negotiate with your employer at the workplace – this rarely helps your case.
Write down the exact date you received the termination letter. This is crucial for deadlines!
Keep every termination letter and document. Take a photo or scan it for your records.

Step 2: Contact a Lawyer Immediately

You only have three weeks from the day you receive the Kündigung to file a lawsuit.

Make an appointment with an English-speaking employment lawyer in Berlin as soon as possible.
Do not waste time negotiating with the employer after dismissal – most cases need a lawsuit first!
Read: Employment Termination – Main FAQ

Step 3: Check Legal Protection Insurance (Rechtsschutzversicherung)

Do you have legal protection insurance?

Call your insurance company or check your contract.
Your lawyer can apply for cost coverage (“Deckungszusage”).
More info about legal insurance in Germany (German)

Step 4: Don’t Miss the 3-Week Deadline for a Lawsuit

You have exactly 3 weeks to file a Kündigungsschutzklage (dismissal protection claim).

Missing this deadline means you lose all legal rights, no matter how unfair the dismissal is.
Read: Kündigungsschutzklage – How it Works (German)

Key Legal Features in Germany – What Expats Must Know

No “no win, no fee”: Lawyers charge by statutory fees based on your income (Rechtsanwaltsvergütungsgesetz).
You pay your own legal costs in the first court instance – even if you win (see §12a Arbeitsgerichtsgesetz).
Employment lawyer in Berlin – English info
Template: Employer Termination Letter (German)

Should You Negotiate After a Dismissal?

Direct negotiation before filing the lawsuit rarely helps – employers may delay or offer little.
The best approach: file your lawsuit, then negotiate a settlement at court (“gerichtlicher Vergleich”).
Termination Agreement (English)

Typical Pitfalls and FAQ for Expats in Berlin

Don’t sign anything without legal advice.
Severance pay (Abfindung) is not automatic – only sometimes negotiated.
What is severance? (German)
Sample templates and forms (German)
Legal insurance for employees (German)

Practical Checklist – What To Do After a Dismissal in Berlin

Remain calm and keep every document.
Write down when you received the letter.
Contact an English-speaking employment lawyer immediately.
Check your legal expenses insurance.
Do not negotiate directly or sign anything.
File a lawsuit (“Kündigungsschutzklage”) within 3 weeks.
Only then negotiate at court.

Need help? Contact me for a free initial assessment.

IMPORTANT: 3-Week Deadline!

You only have 3 weeks from the day you receive your dismissal (Kündigung) to file a lawsuit!

Overview: Deadlines and Steps After Dismissal

Below you find a summary table and a process diagram for orientation:

Step	What to Do	Deadline / Note
1	Stay calm, keep all documents	Immediately
2	Write down date of receipt	Immediately
3	Contact employment lawyer	As soon as possible
4	Check legal insurance	Before lawsuit if possible
5	File lawsuit (Kündigungsschutzklage)	Within 3 weeks of receipt
6	Negotiate settlement at court	After lawsuit filed

FAQ - Termination in Berlin

How long do I have to challenge a dismissal in Germany?

You have exactly 3 weeks from the day you receive your termination letter (Kündigung) to file a lawsuit (Kündigungsschutzklage) at the labor court.

Do I need a lawyer to file a lawsuit against dismissal?

It is strongly recommended to consult an employment lawyer, especially if you do not speak German. However, you can file the lawsuit yourself at the labor court (Arbeitsgericht).

Is severance pay (Abfindung) guaranteed after dismissal?

No, severance pay is not automatic in Germany. It is often negotiated as part of a settlement at court, but there is no legal entitlement unless specified in your contract or a social plan.

What happens if I miss the 3-week deadline?

If you miss the 3-week deadline, your dismissal becomes legally effective, even if it was unfair. You lose the right to challenge it in court.

Can I negotiate directly with my employer after dismissal?

Direct negotiation before filing a lawsuit rarely leads to a good result. The best approach is to file the lawsuit first and then negotiate a settlement at court.