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Wrongful termination refers to a situation where an employer unlawfully dismisses an employee from their position. In Germany, including Iserlohn, there are comprehensive labor laws designed to protect employees from unjust dismissal. The laws regulate how and on what grounds employers can terminate employment contracts. If a dismissal does not comply with these legal criteria, it may be considered wrongful, granting the employee certain rights and remedies such as reinstatement or compensation. German labor courts (“Arbeitsgerichte”) oversee and enforce employment-related disputes in Iserlohn and throughout the country.
You may need a lawyer if you believe your termination was not justified, was carried out without proper legal procedures, or violated your rights under German employment law. Common situations include dismissal due to discrimination (e.g., on the basis of sex, age, religion, or disability), retaliation for whistleblowing or asserting legal rights, being let go without proper reasoning, or the employer not following mandatory notice periods. Legal assistance may also be crucial if you need to file a claim with the labor court, negotiate a severance agreement, or if you are unsure of your rights and options following termination.
In Germany, the primary law regulating dismissals is the Kündigungsschutzgesetz (“Protection Against Dismissal Act”). This law stipulates that employees who have worked for the company for more than six months and in workplaces with more than ten employees are generally protected from dismissal unless the employer has a strong, legally recognized reason:
Wrongful termination occurs when your employer dismisses you without a valid legal reason, fails to follow proper procedures, or violates anti-discrimination laws.
You should seek legal counsel immediately and file a claim with the local labor court within three weeks of receiving your termination notice to preserve your rights.
Generally, employers must provide appropriate warnings for minor offenses and follow due process. Immediate dismissal without warning is only allowed in cases of severe misconduct (“außerordentliche Kündigung”).
Severance pay is not automatically granted. It might be negotiated during dismissal protection proceedings or if stipulated in your contract or a social plan (“Sozialplan”), but it is not a standard legal entitlement.
Yes. Fixed-term contracts end automatically at the period’s conclusion. However, if terminated early, the same dismissal protection rules generally apply, unless the contract states otherwise.
Special protection applies for pregnant employees and those on parental leave. Dismissal is typically prohibited during these times unless there are exceptional circumstances and prior approval from relevant authorities.
Dismissal for illness is only permitted under strict conditions, usually when prolonged illness makes it impossible to fulfill your work duties and disrupts operations. Each case is judged individually.
Dismissals based on protected characteristics such as age, gender, disability, or religion are unlawful. You can challenge such terminations under the General Equal Treatment Act (“Allgemeines Gleichbehandlungsgesetz - AGG”).
You are not required to accept the dismissal. You can file a lawsuit with the labor court to seek reinstatement or compensation within the prescribed three-week period.
You can submit your wrongful termination claim to the local labor court (“Arbeitsgericht Iserlohn”). Usually, this is done in writing with the help of a lawyer or legal advisory service.
If you believe you have been wrongfully terminated in Iserlohn:
