Unfair dismissal claim in Germany – what to expect
- Apr 22
- 2 min read
Receiving a termination is often the starting point of a legal process many employees have never experienced before. What most people don’t realize:The outcome of a dismissal case is rarely decided in court – but in the process leading up to it. Understanding how the procedure works is key to making the right decisions early on.
1. The 3-week deadline – where everything starts
If you want to challenge a termination, you must file a claim with the labor court within three weeks. This deadline is strict.If you miss it, the termination is generally considered valid – even if it wasn’t.
2. Filing the claim – setting the stage
Once the claim is filed, the court will open the proceedings and schedule an initial hearing. At this stage, the goal is not to argue every legal detail, but to establish a negotiation position.
3. The conciliation hearing – where most cases end
The first hearing (the so-called Güteverhandlung) usually takes place within a few weeks.
This is a key moment:
both sides explore settlement options
the judge provides an initial assessment
many cases are resolved at this stage
In practice, this often leads to an agreement involving a severance payment.
4. Further proceedings – if no agreement is reached
If no settlement is reached, the case continues:
written submissions are exchanged
a final hearing is scheduled
However, even at this stage, most cases still end in a settlement rather than a judgment.
A dismissal case is not just a legal procedure.It is a structured negotiation process with clear timing and leverage points.
Those who understand this early on are in a significantly stronger position.
If you have received a termination and want to understand your options, I offer a brief free initial assessment (10–15 minutes) to discuss:
your chances of success
realistic severance expectations
and the best next steps
The 3-week deadline runs regardless – early action makes a difference.
