Dismissal protection suit

If you have received a notice of termination, the dismissal protection suit is the only means of checking the legality of the termination and of enforcing a severance payment. In 90% of the cases, dismissal protection proceedings end with a settlement settlement.


Deadline for dismissal protection suit

The employee must leave within a period of three weeks Access to termination Bring an action at the competent labor court. For the calculation of the deadline, the date of termination is not decisive.


Contact me immediately upon receipt of a cancellation! If the deadline for the dismissal protection action is missed, the termination according to § 7 KSchG is effective from the beginning. You therefore lose the right to continued employment or severance pay without the termination being checked. Possibly you must also expect the employment agency to impose a blocking period.

Requirements for a dismissal protection suit

A dismissal protection suit is only possible if the dismissal protection law is applicable. The following requirements must be met for this:


  • the employment relationship is longer than 6 months


  • the employer has more than 10 employees: When determining the number of employees, part-time employees with a weekly working time of up to 20 hours are to be counted with 0.5 and with a weekly working time of less than 30 hours with 0.75. Apprentices are not counted.

Protection against dismissal in small businesses

If the employer does not regularly employ more than 10 employees, the Dismissal Protection Act does not apply, which is why a termination can generally be made without a reason. However, even in small businesses, the employer cannot arbitrarily dismiss an employee, since at least a minimum of social consideration must be taken into account in small businesses. A violation is given if the termination is obviously unlawful.

Sequence of the dismissal protection process

After the dismissal protection suit has been received by the court and served on the employer, the court will set an appointment for the so-called quality negotiation. During this phase, the court will work towards an amicable agreement between the parties. In particular, high severance payments can be negotiated at this stage through skillful negotiations.

Under certain circumstances it is possible to reach an agreement before the actual quality negotiation. A corresponding comparison can be recorded in writing by the labor court in such cases, so that participation in the court is not required.


If an agreement cannot be reached, the labor court will set a so-called chamber meeting for the dispute and decide by judgment.

What can I do for you?


  • Contact me immediately upon receipt of a cancellation!
  • I will submit a dismissal protection suit for you to the labor court
  • prevent an impending embargo by the employment agency
  • Negotiating the best possible severance payment for you
  • enforce continued employment for you