Best Wrongful Termination Lawyers in Parchim

About Wrongful Termination Law in Parchim, Germany

Wrongful termination in Germany is usually called unlawful dismissal or unfair dismissal. It means an employer ended an employment relationship in a way that violates German labor law. Parchim is in the district of Ludwigslust-Parchim in Mecklenburg-Vorpommern. Labor disputes from this area are typically heard by the Arbeitsgericht Schwerin. German law provides strong employee protections, but you must act quickly. In most cases you have 3 weeks from the day you receive the written termination to file a lawsuit at the labor court to challenge the dismissal. If you miss that deadline, the termination usually becomes legally effective even if it was unlawful.

German law differentiates between ordinary termination with notice and extraordinary termination without notice for cause. Ordinary terminations must be socially justified if the business is not a small business and if you have been employed for more than 6 months. Extraordinary terminations require a serious reason that makes continued employment unreasonable even until the end of the notice period. Special protections apply to certain groups such as pregnant employees, employees on parental leave, and severely disabled employees.

Why You May Need a Lawyer

A lawyer can help you assess whether your dismissal was lawful and protect your rights within tight deadlines. Common situations where legal help is useful include unclear or missing reasons for termination, termination during or shortly after illness, disputes over notice periods or remaining vacation, alleged misconduct where prior warnings may be required, operational terminations that may lack proper social selection, and terminations affecting protected groups such as pregnant or severely disabled employees. A lawyer can also negotiate severance, secure a fair reference letter, and avoid pitfalls that can reduce unemployment benefits, for example when signing a termination agreement. If a works council exists, a lawyer can check whether it was properly heard. If you work under a collective agreement or a fixed-term contract, a lawyer can verify whether special rules apply. Local counsel will know the practice of the Arbeitsgericht Schwerin and regional employers and can represent you in settlement conferences.

Local Laws Overview

Written form requirement - A termination is only valid if it is in writing with an original signature on paper. Email, text, fax, or scanned signature is invalid. This follows section 623 of the German Civil Code. Delivery to you is what triggers the 3 week filing deadline.

General protection against dismissal - The Protection Against Unfair Dismissal Act applies if your employer regularly employs more than 10 full-time equivalent employees and you have 6 months of uninterrupted service. Then a termination must be socially justified for one of three reasons. These are operational reasons such as a job being eliminated, behavioral reasons such as misconduct usually after a prior warning, or personal reasons such as long-term illness with a negative prognosis. Even in small businesses with 10 or fewer employees, terminations must not be arbitrary or discriminatory.

Notice periods - Standard statutory notice for employees is 4 weeks to the 15th or end of a month. For employers, notice length increases with your years of service up to 7 months after 20 years. During a probationary period of up to 6 months, the notice period can be 2 weeks. Collective agreements or contracts can change notice periods, usually only to your advantage, with special rules for probation and collective bargaining.

Extraordinary termination - Section 626 of the German Civil Code allows termination without notice for a serious reason such as theft or severe breach of trust. The employer must usually act within 2 weeks after learning the facts and often must have issued prior warnings for less serious misconduct. Many extraordinary terminations can be challenged successfully.

Special protections - Pregnant employees and those shortly after childbirth are protected by the Maternity Protection Act. Termination is generally prohibited and requires prior approval by the competent authority. Employees on parental leave are protected by the Parental Allowance and Parental Leave Act. Severely disabled employees and those of equal status have special protection under the Social Code IX. Their termination usually needs prior consent by the Integration Office. Apprentices have special rules under the Vocational Training Act. Works council members have enhanced protection. Violations can render a termination invalid.

Works council involvement - If a works council exists, it must be heard before any termination. Failure to properly hear the works council can make the termination invalid. This is based on the Works Constitution Act.

Operational terminations and social selection - For operational terminations the employer must select employees fairly using social criteria such as length of service, age, maintenance obligations, and severe disability. Errors in social selection can lead to reinstatement or a favorable settlement.

Mass layoffs - For larger staff reductions, employers may have to notify the Employment Agency in advance. Missing or defective notification can invalidate terminations.

Fixed-term contracts - The Part-Time and Fixed-Term Employment Act limits fixed-term contracts without objective reason to a total of 2 years with up to 3 extensions. If a fixed-term is invalid, the employment may be deemed indefinite and a termination must meet normal legal standards.

Severance - German law does not automatically grant severance in most cases. Severance is often negotiated in court settlements. There is a limited statutory option for severance in operational terminations if the employer offers it together with the notice. Collective agreements, social plans, or company practices may provide severance in restructurings.

Frequently Asked Questions

What counts as wrongful termination in Parchim?

Any termination that violates German law can be wrongful. Typical issues include lack of social justification in larger companies, incorrect or missing notice periods, no proper works council hearing, failure to obtain authority consent for protected employees, invalid form such as no original signature, discriminatory motives, or defects in operational social selection.

How long do I have to challenge a dismissal?

You generally have 3 weeks from the day you receive the written notice to file a dismissal protection claim at the labor court. The deadline is strict. File even if you are still negotiating. If you miss it, the termination usually stands.

My notice came by email. Is it valid?

No. A termination must be on paper with an original handwritten signature. Email, fax, or text is invalid. Keep the email and any envelope or delivery documentation and consult a lawyer immediately.

Do I automatically get severance?

Usually not. Severance is often reached through settlement during the court process. A common negotiation range is about half a monthly salary per year of service, but results vary widely based on case strength and business realities. There is a limited statutory severance option in operational terminations if the employer offers it in the notice.

Does the protection law apply in small companies?

If your employer has 10 or fewer full-time equivalent employees, the general protection against dismissal may not apply. Even then, terminations must still respect notice periods, written form, good faith, and anti-discrimination rules. Terminations for prohibited reasons remain unlawful.

Do I need to receive a warning before termination for performance or misconduct?

Often yes. For many performance or conduct issues, a prior warning is required so you have a chance to improve. For severe breaches such as theft, a warning may not be necessary. Whether a warning was required is frequently disputed.

Can I be terminated while sick or on parental leave?

Being sick does not automatically prevent termination, but illness-related terminations must meet strict criteria and are often challengeable. During pregnancy and during parental leave, special protections apply and termination is generally prohibited without authority consent. Seek legal advice immediately if affected.

I signed a termination agreement. Can I still challenge it?

Possibly. Termination agreements and settlements can sometimes be rescinded if there was improper pressure, deception, or if formal requirements were not met. They can also affect unemployment benefits by causing a waiting period. Do not sign under pressure. Ask for time to seek legal advice and to consult the Employment Agency.

Which court handles cases from Parchim and what happens there?

Cases from Parchim are typically filed with the Arbeitsgericht Schwerin. After filing, you will usually have a quick conciliation hearing focused on settlement. If there is no settlement, the court schedules a chamber hearing with lay judges. Many cases settle, but the court can also decide on reinstatement or validity of the termination.

Will challenging a dismissal affect my unemployment benefits?

You must register as seeking work with the Employment Agency no later than 3 days after learning about the termination and register as unemployed on your first day without work. Filing a lawsuit does not generally harm your benefits. Signing a termination agreement or admitting misconduct can lead to a waiting period. Get advice before signing any agreement.

Additional Resources

Arbeitsgericht Schwerin - The local labor court that typically handles cases from Parchim. It provides information on procedures and schedules conciliation hearings.

Agentur für Arbeit Schwerin and Jobcenter Ludwigslust-Parchim - Authorities for job-seeking registration, unemployment benefits, and job placement support.

DGB Rechtsschutz in Schwerin - Union legal protection service for members in labor disputes.

Rechtsanwaltskammer Mecklenburg-Vorpommern in Schwerin - The regional Bar Association can help you find a licensed employment lawyer.

Integrationsamt Mecklenburg-Vorpommern at the Landesamt für Gesundheit und Soziales - Authority that must consent to the termination of employees with severe disabilities.

Antidiskriminierungsstelle des Bundes - Federal office offering information and guidance on discrimination issues including discriminatory dismissals.

IHK zu Schwerin and Handwerkskammer Schwerin - Chambers that can offer general workplace guidance and sometimes mediation resources, especially for apprenticeships.

Next Steps

Act fast. Note the date and time you received the notice. Save the envelope and any delivery receipts. The 3 week court deadline starts on receipt, not the date on the letter.

Register with the Employment Agency. Within 3 days of learning about your termination register as seeking work. On your first day without work register as unemployed. This helps protect your benefits.

Gather documents. Collect your employment contract, any amendments, warnings, emails, time sheets, pay slips, bonus plans, policies, and your termination letter. If there is a works council, note any conversations or letters that show whether it was heard.

Consult a local employment lawyer. In Parchim and the wider Schwerin area, lawyers can quickly assess the strength of your case, file a timely claim, and negotiate severance and references. Ask about fees, legal insurance coverage, and eligibility for legal aid or court cost assistance.

Do not sign under pressure. If offered a termination agreement or a settlement, ask for time to think and get advice. Agreements can affect your unemployment benefits and your leverage in court.

File the claim if appropriate. To preserve your rights, your lawyer can file a dismissal protection claim at the Arbeitsgericht Schwerin before the 3 week deadline. Most cases start with a conciliation hearing where settlements are common.

Protect your reference and entitlements. Ask for a qualified reference letter with positive wording. Check final pay slips for outstanding wages, overtime, unused vacation, and bonuses. Clarify return of company property and any garden leave or confidentiality obligations.

Take care of next steps after resolution. If reinstated, coordinate your return to work. If settled, confirm payment dates, reference wording, and benefit impacts. Keep copies of all documents for your records.