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Wrongful termination in Miesbach is governed by German employment law, which protects employees from unfair or unlawful dismissals. Employment disputes are decided under national statutes and case law, and local procedures are handled by the labour courts (Arbeitsgerichte) that cover the Miesbach area. Whether a dismissal is wrongful depends on the type of termination, the size of the employer, the reason for dismissal, and whether statutory procedures - such as consultation with a works council or approval requirements for protected employees - were followed.
Employment law is technical and time-sensitive. A lawyer can help in many common situations:
- You received a termination letter and want to know whether the dismissal is valid or contestable.
- You need to file a claim at the labour court within strict deadlines.
- Your employer claims operational reasons for dismissal and you want to check whether social selection - that is, consideration of age, tenure and family obligations - was applied correctly.
- You were dismissed while on sick leave, on parental leave, pregnant, or while disabled and suspect discriminatory or unlawful treatment.
- You need help negotiating severance, a settlement agreement, or reviewing a termination agreement before signing it.
- There is an alleged serious misconduct that led to a summary dismissal - you need advice about procedural requirements and potential remedies.
- You want representation at conciliation hearings or in court, or guidance on alternatives like mediation.
Key legal points relevant for wrongful termination in and around Miesbach include:
- Statutory protection - The Protection Against Unfair Dismissal Act (Kundigungsschutzgesetz - KSchG) gives employees protection against unfair ordinary dismissals. The KSchG typically applies if the employer regularly employs more than 10 employees and the employee has been employed for longer than six months. Small-employer exceptions may apply.
- Types of dismissal - Employers may give an ordinary dismissal with notice, a termination for operational reasons, or an extraordinary termination without notice for serious misconduct. Different rules and procedural requirements apply to each type.
- Probation period - Employment contracts commonly include a probation period of up to six months. During this time, statutory dismissal protection under the KSchG may not apply in the same way.
- Notice periods - Statutory minimum notice periods are set out in the Civil Code (BGB). Notice periods generally increase with length of service. Employment contracts and collective agreements may provide longer notice periods.
- Works council involvement - If a works council (Betriebsrat) exists, the employer must follow the consultation and information rules under the Works Constitution Act (Betriebsverfassungsgesetz). Failure to involve the works council can affect the validity of a dismissal or strengthen an employee’s claim.
- Special protection for certain groups - Pregnant employees, employees on parental leave, severely disabled employees, and members of the works council enjoy additional protection from dismissal. For some protected groups, employers need prior approval from authorities before terminating employment.
- Social selection - For operational dismissals, employers must apply social selection criteria - including age, length of service, and maintenance obligations - when choosing who to dismiss.
- Time limits - If you want to challenge a dismissal, you generally must file a dismissal protection claim (Kundigungsschutzklage) at the local labour court within three weeks of receiving the termination notice. For summary dismissals for cause, there are additional short deadlines - for example, an employer must normally bring a for-cause termination within two weeks of learning the reason.
- Remedies - Remedies include reinstatement, continuation of employment, or compensation. In practice many cases are settled with severance payments. German courts can order reinstatement, but many disputes end in negotiated settlements.
Wrongful termination can be a dismissal that violates statutory protections, procedural rules, collective agreements, or the terms of your employment contract. Examples include dismissing an employee protected by law without required prior approval, failing to follow works council procedures, dismissing without objective justification where protection against unfair dismissal applies, or terminating for discriminatory reasons.
You must generally file a dismissal protection claim at the local labour court within three weeks of receiving the termination notice. Missing this three-week deadline usually means you lose the right to challenge the dismissal in court, so act promptly.
Keep the written termination notice, employment contract, any written warnings, emails and messages relevant to the dismissal, pay slips, records of working hours, medical certificates if illness is involved, and notes of conversations with your employer including dates and witnesses. These documents help a lawyer assess your case and support court proceedings.
There are additional protections for employees during illness and parental leave. While dismissal is not impossible in every case, employers face stricter requirements and may need to justify the dismissal carefully or obtain approvals. If you were dismissed during a protected period, seek legal advice quickly.
Offers of severance can be part of a settlement. You should not sign a termination agreement or settlement without understanding whether the offer is fair and whether signing will waive important claims. A lawyer can evaluate severance offers and negotiate better terms.
If a works council exists, the employer must follow the statutory consultation and notification rules. Failure to involve the works council can make a dismissal procedurally defective and strengthen your challenge. The precise legal effect depends on the circumstances, so get legal advice.
Possible outcomes include reinstatement, back pay, or a negotiated severance payment. Courts can order continuation of employment, but many cases end in settlements where the employer pays severance in return for the employee waiving further claims.
Not necessarily. Many dismissals are settled through negotiation or mediation. However, if you and your employer cannot reach an agreement, the dispute can proceed to the local labour court. A lawyer can represent you at court and during settlement talks.
Costs depend on the lawyer, the case complexity, and whether you receive legal aid. Many lawyers charge according to statutory fee rules, and trade unions often provide legal support to members. If you have limited means you may apply for legal aid or consultation assistance - a lawyer can explain eligibility and likely costs.
You file a dismissal protection claim at the local labour court responsible for your workplace or residence. The court usually schedules a conciliation hearing where parties attempt settlement. If conciliation fails the court conducts a trial. Appeals may go to the regional labour court and beyond under certain conditions.
Here are useful institutions and organisations to contact for information and help:
- Your local labour court - for filing dismissal protection claims and procedural questions.
- The regional Landesarbeitsgericht for appeals in Bavaria.
- Bundesagentur für Arbeit - for unemployment benefits and counselling after dismissal.
- Trade unions relevant to your sector - many unions provide legal support to members and can advise on collective agreements.
- Bavarian State Ministry for Family, Labour and Social Affairs for regional policy and information.
- The integration office and the local Schwerbehindertenvertretung - for matters involving severely disabled employees.
- Rechtsanwaltskammer München - for finding and verifying employment lawyers in the region.
- Consumer advice centres and legal aid offices - for low-cost initial guidance and information on eligibility for legal aid.
If you believe you were wrongfully terminated in Miesbach, take the following steps without delay:
- Read the termination letter carefully and note the date you received it. The three-week deadline to challenge a dismissal is strict.
- Gather documents: contract, termination letter, payslips, warnings, emails, medical certificates, and any relevant correspondence.
- Do not sign any termination agreement or waiver before getting legal advice. Signing can waive your rights.
- Contact a specialised employment lawyer to assess whether you have grounds to file a dismissal protection claim and to help calculate deadlines and likely remedies.
- If you are a union member, contact your union for advice and possible legal support.
- Register with the Bundesagentur für Arbeit promptly to protect unemployment benefit rights and to secure assistance.
- Consider mediation or settlement talks if a lawyer advises this is the fastest way to a fair outcome.
Act quickly, document everything, and obtain professional advice to protect your rights and options under German employment law.
