Termination with immediate effect

Your employer gives you one termination With immediate effect, keep calm for the time being and seek individual legal advice. A termination with immediate effect is only effective under certain conditions. If the termination is not effective, you will have further claims from the non-terminated employment relationship.

Advice on behavior in the event of termination with immediate effect

• An extraordinary, d. H. Termination without notice always presupposes that there is a legally provided reason, provided that it was pronounced for this reason. The termination becomes effective upon receipt on the specified date.

• The termination with immediate effect results in the employee claiming a part of the wages corresponding to his previous performance can, but this only applies if he has not terminated himself without the employer causing him to do so through behavior contrary to the contract Has. The terminated employee is then however liable for damages. He must compensate for the damage caused by the termination of the employment relationship if he has previously acted contrary to the contract.
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• The right to extraordinary termination cannot be contractually excluded or made so difficult that it becomes unreasonable.

• In vocational training relationships, the special feature is that the reason must be stated in the termination with immediate effect. However, you have the right to be informed in writing of the reason for the termination immediately (without undue delay). In retrospect, i. H. After you have found out the reason, your employer is not allowed to add any further reasons for dismissal; that would be inadmissible. Subsequent reasons can only be relevant if the dismissal is classified as inadmissible by the labor court and your employer then terminates you again. As a general rule, you can only add reasons that were not known for two weeks when the notice of termination was given. The works council must also be aware of the reasons.


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• Another prerequisite is that the extraordinary termination may only be issued within a two-week preclusive period and must actually be received within this period. If this does not happen in due time, the terminating party can reasonably be expected to comply with a notice period and cannot terminate without notice.

As you can see, termination with immediate effect is subject to a large number of requirements. If your employer has given you notice, contact a lawyer. This is the only way to receive individual advice and to find out whether your employment relationship has been effectively terminated or not. You can then assert your claims through the legal process.