Best Wrongful Termination Lawyers in Kitzingen

About Wrongful Termination Law in Kitzingen, Germany

Wrongful termination in Germany refers to a dismissal that violates statutory law, collective agreements, or contractual rules. Kitzingen is subject to German federal labor law, with cases typically heard at the Labor Court in Würzburg, the Higher Labor Court in Nuremberg, and ultimately the Federal Labor Court in Erfurt. In Germany, a dismissal must be in writing, signed with a handwritten signature, and observe strict notice periods and protective rules. Many employees are protected by the Protection Against Dismissal Act once they have six months of service and work in a company with more than 10 full-time equivalent employees. If you receive a termination, you generally have only three weeks to file a claim with the labor court, so acting quickly is essential.

Why You May Need a Lawyer

A lawyer can assess whether the termination is legally valid, whether formal requirements were met, and whether special protections apply, such as pregnancy, parental leave, or severe disability. Legal counsel can help you meet the three-week filing deadline, build evidence, and select the best strategy, whether that is reinstatement, a negotiated exit, or severance. An attorney can also negotiate favorable terms for a termination agreement or settlement, including severance, release from non-compete obligations, a neutral or positive reference, and payment of outstanding bonuses or vacation. In small-company scenarios or during probation, advice is useful to clarify what protections still apply. A lawyer will also manage risks related to unemployment benefits, such as potential waiting periods after signing a termination agreement, and will represent you before the labor court in Würzburg if litigation becomes necessary.

Local Laws Overview

Form of termination - A dismissal must be in writing with an original handwritten signature. Email, text, or fax is invalid. If the signatory is not obviously authorized, an original power of attorney should be attached. Employees can reject a dismissal signed without proper authority promptly.

Notice periods - Under § 622 German Civil Code, the standard notice is four weeks to the 15th or end of the month. For employers, the notice period increases with length of service, up to seven months after 20 years. During a contractual probation period, a two-week notice often applies. Collective agreements or contracts may deviate.

General protection against dismissal - The Protection Against Dismissal Act applies after six months in establishments with more than 10 full-time equivalent employees. Dismissals must be socially justified for one of three reasons: conduct-related, person-related, or operational reasons. The employer must consider milder measures, such as warning letters or transfer.

Extraordinary termination - Summary dismissal without notice under § 626 German Civil Code requires a serious reason that makes continued employment unreasonable. The employer must act within two weeks of learning the facts. A prior warning is often required for conduct issues.

Works council involvement - If a works council exists, the employer must hear it before any dismissal. Failure to do so can render the dismissal invalid.

Special protections - Pregnant employees and those on maternity protection are broadly shielded against dismissal under the Maternity Protection Act. Parents on parental leave are protected under parental leave law. Severely disabled employees benefit from enhanced protection and the employer generally needs prior consent from the Integration Office in Bavaria, administered by the state inclusion office. Works council members enjoy special dismissal protection.

Fixed-term contracts - Fixed-term employment is regulated by the Part-Time and Fixed-Term Employment Act. Without an objective reason, an initial fixed term is usually allowed for up to two years with up to three extensions. Exceeding limits or improper chaining can make the contract deemed indefinite.

Mass redundancies - Larger layoffs may require prior notification to the Employment Agency. Failure can invalidate dismissals.

Deadlines - You must file a wrongful termination claim with the labor court within three weeks after receiving the written notice. Missing this deadline usually makes the dismissal final.

Court process in the region - Cases from Kitzingen are typically filed with the Labor Court Würzburg. Proceedings usually begin with a conciliation hearing. If not resolved, the court schedules a later chamber hearing for evidence and decision. In first-instance labor court cases, each party generally bears its own legal fees regardless of outcome.

Severance - There is no automatic right to severance. Severance is often negotiated in settlements or offered under § 1a of the Protection Against Dismissal Act if the employer cites operational reasons and the employee does not sue. A common negotiating reference is about 0.5 monthly salaries per year of service, but amounts vary with case strength and bargaining position.

Unemployment benefits - Register as a job seeker within three days of learning about the end of your job and register as unemployed on your first day without work. Signing a termination agreement without good cause can trigger a waiting period for benefits, so get advice before signing.

Frequently Asked Questions

What counts as wrongful termination in Kitzingen, Germany

A termination is wrongful if it violates formal rules, notice periods, collective or contractual terms, or the Protection Against Dismissal Act. Examples include a dismissal by email, lack of works council hearing where required, discrimination under equal treatment law, lack of social justification in covered companies, or failure to obtain consent from the inclusion office for a severely disabled employee.

How fast do I need to act after receiving a termination

You generally have three weeks from receipt of the written notice to file a claim with the labor court. If you miss this deadline, the termination typically becomes final, even if it was unlawful. Seek legal advice immediately.

Is an email or text message termination valid

No. Terminations must be in writing with an original handwritten signature. Email, text, or fax is invalid.

Do protections apply during probation or in small companies

Yes, but they are narrower. During probation, shorter notice may apply and the Protection Against Dismissal Act often does not. In establishments with 10 or fewer full-time equivalent employees, general protection does not apply, but formal requirements, anti-discrimination rules, and special protections still do.

Can my employer fire me while I am sick or pregnant

Dismissal during sick leave is not automatically invalid, but it must meet strict legal criteria. Dismissing a pregnant employee or one on maternity protection is broadly prohibited without authority approval. Parents on parental leave also enjoy special protection.

Am I entitled to severance pay

There is no automatic severance. Severance is often negotiated in court settlements or termination agreements. Employers can offer severance under § 1a of the Protection Against Dismissal Act for operational terminations if the employee refrains from suing. The actual amount depends on the case.

What if I am offered a termination agreement to sign immediately

Do not sign under pressure. A termination agreement can affect unemployment benefits and waive rights. Have a lawyer review it. You can request time to consider the offer and seek advice.

Does the works council have to be heard before dismissal

Yes, if a works council exists, it must be consulted before any dismissal. Skipping this can make the termination invalid.

What are my notice period rights

Unless a collective agreement or contract states otherwise, the standard notice is four weeks to the 15th or end of the month. The employer’s notice period increases with your length of service. Different rules may apply during probation.

What happens in a wrongful termination case at the Labor Court Würzburg

Proceedings usually start with a conciliation hearing aimed at settlement. If no settlement is reached, the court schedules a chamber hearing for evidence and a judgment. In the first instance, each party typically bears its own attorney fees.

Additional Resources

Labor Court Würzburg - Handles employment disputes for the Kitzingen region.

Higher Labor Court Nuremberg - Hears appeals from regional labor courts in northern Bavaria.

Federal Labor Court - Highest court for employment law cases in Germany.

Local office of the Federal Employment Agency - For job seeker registration, unemployment benefits, and advice on benefit implications.

Inclusion Office in Bavaria at the state social affairs agency - Consent authority for dismissals of severely disabled employees and advisory support for employers and employees.

Trade unions such as IG Metall, ver.di, NGG - Provide advice and legal protection services for members.

DGB Legal Protection - Litigation support for union members in labor courts.

Bar Association Bamberg - Lawyer directory for Kitzingen area employment law attorneys.

Chamber of Commerce and Industry Würzburg-Schweinfurt and Chamber of Crafts - General employer and employee advisory services and training information.

Consumer advice centers in Bavaria - General guidance on employment and contract pitfalls, including termination agreements.

Next Steps

Do not delay. Note the date you received the termination letter and calendar the three-week deadline to file a claim.

Register as a job seeker with the Employment Agency within three days of learning about the end of your job. Register as unemployed on your first day without work.

Gather documents: employment contract, addenda, collective agreement references, termination letter, warnings, emails, performance reviews, pay slips, and any evidence related to the stated reason for dismissal.

Consult a labor lawyer in or near Kitzingen quickly to evaluate your chances, negotiate severance, and decide whether to sue. Ask about costs and the first-instance fee rule where each party usually bears its own lawyer fees.

Avoid signing a termination agreement or receipt that contains waivers until you have obtained legal advice. If pressured, state that you need time to review.

Discuss settlement goals with your lawyer, such as severance, extended termination date, release from work with pay, a favorable reference, bonus or vacation payouts, and neutral wording for internal communications.

If you proceed to court, expect an early conciliation hearing at the Labor Court Würzburg. Many cases settle there. If not, prepare for a later evidence hearing.

If you have special protection, such as pregnancy or severe disability, inform your lawyer immediately and provide documentation, as this can change strategy and outcomes.