Best Wrongful Termination Lawyers in Parchim

About Wrongful Termination Law in Parchim, Germany

Wrongful termination in Germany refers to a dismissal that does not meet the strict legal requirements set by federal labor law. Although you live or work in Parchim, the rules that govern hiring and firing are primarily national. Disputes from the Parchim area are typically heard at the Arbeitsgericht Schwerin, with appeals to the Landesarbeitsgericht Mecklenburg-Vorpommern.

Under the Kündigungsschutzgesetz, many employees enjoy protection against unjustified dismissal once they have more than six months of continuous service and the employer regularly employs more than 10 full time equivalent employees. Even where this statute does not apply, employers must observe written form, proper notice periods, and several special protections. A strict 3 week deadline applies for filing a court claim after receiving a termination letter, so quick action is essential.

Common legal issues include whether there was a valid reason for dismissal, whether the works council was properly heard, whether social selection in redundancies was correct, and whether special protections applied. Many cases result in negotiated settlements and severance, often at the conciliation hearing before the labor court.

Why You May Need a Lawyer

A lawyer helps you evaluate whether the termination meets formal and substantive requirements. This includes checking whether the dismissal was signed in original ink, whether the works council was consulted if one exists, and whether statutory or collectively agreed notice periods were followed. A lawyer can also assess whether alleged reasons such as misconduct, poor performance, long term illness, or redundancy will stand up in court.

If you plan to challenge the dismissal, you must file a Kündigungsschutzklage within 3 weeks of receiving the written notice. A lawyer can prepare and file the claim in time, represent you at the conciliation hearing, and negotiate severance, a positive reference, payment of outstanding wages and bonuses, release from work, and the end date of employment.

Special situations, such as pregnancy, parental leave, severe disability, works council membership, apprenticeships, and fixed term contracts, involve additional approval steps or prohibitions. A lawyer can confirm whether any required authority consent was obtained and whether the termination is therefore invalid.

If you were offered a settlement agreement or asked to resign, legal advice is important to avoid disadvantages, including potential waiting periods for unemployment benefits. A lawyer can also coordinate with your legal expenses insurer or union to reduce cost risks.

Local Laws Overview

Formal requirements. Every termination must be in writing with a handwritten signature from a person authorized to dismiss. Email, text message, scan, or fax is invalid. The termination must reach you to be effective, and strict deadlines start on receipt. If a works council exists, it must be heard before any dismissal. Failure to hear the works council makes the termination invalid.

Notice periods. Statutory notice periods under section 622 BGB apply unless a collective agreement or your contract sets different terms. During probation, a 2 week notice is allowed. Longer notice periods apply based on length of service. Fixed term contracts generally end on the agreed date and can only be terminated earlier if the contract or collective agreement allows, or for extraordinary reasons.

Grounds for dismissal. If the Kündigungsschutzgesetz applies, a termination must be socially justified for one of three categories. Conduct related reasons such as repeated breach of duty usually require prior warning. Person related reasons such as lasting inability to perform may justify dismissal if no reasonable alternative exists. Operational reasons such as redundancy require genuine business need, proper social selection among comparable employees, and consideration of vacant alternative positions. In case of mass redundancies, the employer must notify the employment agency before giving notice.

Extraordinary termination. A summary dismissal without notice is only lawful for a serious reason that makes continued employment unreasonable, and it must be declared promptly after the employer learns of the facts. Courts examine these dismissals very closely.

Special protections. Pregnant employees and those within four months after childbirth are protected and dismissal requires prior approval by the competent state authority under the Maternity Protection Act. Employees on parental leave are protected under the Federal Parental Allowance and Parental Leave Act and termination requires prior approval in rare special cases. Severely disabled employees enjoy special protection, and any dismissal requires prior consent from the Integrationsamt. Works council members and apprentices have further protections.

Deadlines and procedure. You must file a dismissal protection claim within 3 weeks of receiving the termination. For the Parchim area, claims are filed at the Arbeitsgericht Schwerin. The court will schedule a conciliation hearing where many cases settle. If no settlement is reached, a chamber hearing with lay judges follows for a decision.

Costs. In the first instance at the labor court, each side bears its own legal fees regardless of who wins. Court fees are calculated from the amount in dispute and often do not arise if the case settles early. Legal expenses insurance and union membership may cover your costs. You may qualify for legal aid or aid for court costs if your income is limited.

Unemployment benefits. Contact the Agentur für Arbeit promptly. If the time between notice and the end of employment is less than 3 months, you must register as seeking work within 3 days of receiving the termination. Misconduct or a voluntary settlement agreement can trigger a waiting period, but legal advice can help minimize or avoid this risk. Keep all documents and follow agency instructions.

Frequently Asked Questions

What is wrongful termination under German law?

Wrongful termination is a dismissal that fails on form or substance. Common defects include lack of written form, missing original signature, failure to hear the works council, violation of notice periods, lack of a valid reason where protection applies, errors in social selection during redundancies, or missing authority consent for protected employees.

How long do I have to challenge a dismissal?

You generally have 3 weeks from the date you receive the written notice to file a lawsuit at the labor court. Missing this deadline usually makes the termination legally effective even if it was unlawful. File quickly or seek help at the court office of the Arbeitsgericht Schwerin.

Am I entitled to severance pay?

There is no automatic severance in Germany. Severance is often negotiated in court settlements or agreed in a social plan. A statutory offer can arise if the employer expressly offers severance for an operational dismissal and you do not sue. The typical range in settlements is often around half a monthly salary per year of service, but the outcome depends on the strengths of the case.

Does protection against dismissal apply to small businesses?

The Kündigungsschutzgesetz usually applies only if the employer regularly has more than 10 full time equivalent employees and you have more than 6 months service. In smaller companies, terminations still must respect written form, notice periods, and good faith, and they cannot violate special protections or discriminatory laws.

Can I be dismissed during probation?

Yes, during probation the employer can terminate with 2 weeks notice without needing to provide detailed justification, but the dismissal cannot be discriminatory or violate special protections such as pregnancy or severe disability rules. Written form is still mandatory.

Is a termination by email or message valid?

No. A termination must be in writing on paper and signed in original ink by an authorized person. Emails, scans, faxes, and text messages are invalid.

What role does the works council play?

If there is a works council, the employer must hear it before issuing any termination and provide reasons. If the employer skips this step, the dismissal is invalid. The works council can raise objections that may influence the case or a settlement.

What protections exist for pregnant parents and severely disabled employees?

Pregnant employees and those shortly after childbirth are protected and any dismissal requires prior approval by the competent state authority. Employees on parental leave are also protected, with termination only possible in exceptional cases with authority approval. For severely disabled employees, any dismissal requires prior consent from the Integrationsamt. Without these approvals, the dismissal is invalid.

Where will my case be heard if I live or work in Parchim, and what happens there?

Cases from Parchim are typically filed at the Arbeitsgericht Schwerin. The court first holds a conciliation hearing to explore settlement. If no settlement occurs, the case proceeds to a chamber hearing where evidence is taken and a judgment is issued. Many cases resolve at or shortly after the conciliation hearing.

What should I do about unemployment benefits and possible waiting periods?

Notify the Agentur für Arbeit as seeking work immediately. If you have less than 3 months notice, you must register within 3 days after receiving the termination. A waiting period can apply if you resign or are dismissed for alleged misconduct. Legal advice may reduce this risk, for example by clarifying the reason for termination or the wording of any settlement agreement.

Additional Resources

Arbeitsgericht Schwerin. This is the local labor court for the Parchim area. The court has a filing office that can help you draft and submit a claim within the deadline if you do not have a lawyer.

Landesarbeitsgericht Mecklenburg-Vorpommern. This is the state level labor court that hears appeals from first instance judgments.

Agentur für Arbeit. The employment agency provides unemployment benefits, job placement, and guidance on registration deadlines after receiving notice of termination. There are offices serving the Parchim and Schwerin region.

Jobcenter Landkreis Ludwigslust Parchim. For those who need basic income support and job search assistance, the Jobcenter can provide benefits and counseling.

Integrationsamt Mecklenburg Vorpommern. This authority must approve dismissals of severely disabled employees and offers support for workplace integration.

State authority for maternity protection and occupational safety. This authority handles approvals related to dismissals during pregnancy and parental leave in Mecklenburg Vorpommern.

Trade unions such as ver.di, IG Metall, NGG, and others. Unions offer legal protection for members in employment disputes and can assist with negotiations.

Rechtsanwaltskammer Mecklenburg Vorpommern. The regional bar association can help you find a lawyer, including specialists in employment law.

Chambers such as IHK zu Schwerin and Handwerkskammer Schwerin. These bodies provide guidance on labor relations and can refer to mediation and advisory services.

Consumer advice centers. These provide general legal orientation and can point you to specialized help where needed.

Next Steps

Do not delay. As soon as you receive a termination letter, note the date of receipt and keep the envelope if it shows a postmark or delivery details. The 3 week court deadline starts immediately.

Avoid signing anything under pressure. If you are offered a settlement agreement or asked to resign, seek legal advice before signing. The wording can affect your rights and unemployment benefits.

Gather documents. Collect your employment contract, any addenda, warnings, emails, time records, pay slips, bonus plans, sickness notes, and the termination letter. Write down what happened and when, including witnesses if relevant.

Register with the employment agency. If the time between notice and the end of employment is less than 3 months, register as seeking work within 3 days of receiving notice to protect your benefits. Keep proof of your registration.

Seek legal help quickly. Contact a lawyer specializing in employment law or your union. Ask about cost coverage through legal expenses insurance or legal aid. If needed, go to the filing office at the Arbeitsgericht Schwerin to lodge a claim within the deadline.

Decide your goal. Consider whether you want to return to the job, negotiate severance and a reference, or focus on a fast and clean exit. Your strategy at the conciliation hearing will depend on this goal.

Prepare for the conciliation hearing. Be ready to explain why the dismissal is invalid and what outcome you seek. Bring all documents. Many cases settle at this stage with an agreed end date, severance, release from work, and a favorable job reference.

Protect your future claims. Check remaining vacation, overtime balances, variable pay, and reference language. Ensure any settlement clearly covers these points, the payment date, and a clean certificate of employment with at least a good rating.

Mind special protections. If you are pregnant, on parental leave, or severely disabled, inform your lawyer immediately so they can verify whether required authority approvals exist. This can be decisive for your case.

Stay professional. Continue to comply with lawful instructions until the end date unless released from work. Keep communication respectful and documented, which can help your position in negotiations and in court.