As a lawyer, Martin Reichelt in Dresden, I experience daily how employees and employers falter due to avoidable mistakes in employment law. This guide summarises the most important pitfalls – and shows you how to avoid them.
1. Received notice of termination – and missed the 3-week deadline
The most common and serious mistake: Anyone who receives a dismissal must, within three weeks Filing an unfair dismissal claim (§ 4 KSchG). If this deadline is missed, the dismissal is deemed effective – even if it was unlawful.
In my practice, I regularly see cases where clients only respond after four or five weeks. By then, there's hardly anything that can be salvaged from a legal perspective. My advice: come to the law firm immediately after receiving the termination. An initial assessment rarely takes longer than 30 minutes.
→ Find out more Termination & Protection Against Termination — Your Rights
2. Silently accepting a warning
Many employees accept a written warning without comment – a mistake. Not every written warning is lawful. Common defects:
- The accusation is too imprecisely formulated
- The behaviour for which a warning was issued does not constitute a breach of duty.
- The warning was issued disproportionately late
An invalid warning can be removed from the personnel file. Have every warning checked promptly – it is often the precursor to dismissal.
→ Find out more Warning in employment law — what to do?
3. Signing a termination agreement without a cooling-off period.
When an employer presents a termination agreement, employees are under pressure. It is often suggested that you must sign immediately. This is not true – there is no law that requires immediate signing.
What many people don't know: A termination agreement can be a Blocking period for unemployment benefit trigger (§ 159 SGB III). Furthermore, by signing, you waive your protection against dismissal. Have every termination agreement checked by a lawyer before signing.
→ Find out more Have the cancellation agreement checked
4. Do not check the employment reference
The work reference heavily influences your professional future. Reference language is coded – behind pleasant-sounding phrases, negative evaluations can be hidden. An example: „He always endeavoured to complete the tasks assigned to him“ sounds positive, but actually means a poor performance.
In Saxony, I frequently see certificates that appear formally correct but are content-wise significantly below what the employee is entitled to. An experienced eye recognises this immediately.
→ Find out more Have your reference checked
5. Severance Pay – Accepting too early or negotiating too late
A common misconception: there is no legal entitlement to a severance payment. It is a matter of negotiation. The amount depends on many factors – length of service, prospects of success of an unfair dismissal claim, and the employer's financial situation.
As a rule of thumb: half to one full gross monthly salary per year of employment. However, the actual amount can be significantly more or less. Important: You have the strongest negotiating position in the first three weeks after resignation.
→ Find out more Severance pay in labour law
6. Underestimate the probationary period
During the probationary period, shortened notice periods of only two weeks apply (§ 622 (3) of the German Civil Code). Nevertheless, not everything is permitted here either. Discriminatory dismissals, violations of maternity protection, or a lack of works council consultation also render a probationary period dismissal invalid.
I am particularly experiencing in Dresden and Saxony that employers view the probationary period as a lawless space. It is not.
→ Find out more Termination during the probationary period — Your rights
7. Do not involve the Works Council and Staff Council
If a works council exists in your company: Every termination requires its prior consultation (§ 102 BetrVG). If the works council is not properly involved, the termination is invalid – regardless of the reason for termination.
Works councils also have co-determination rights regarding working hours, overtime, and social plans. These rights are often disregarded in practice.
→ Find out more Staff Council & Works Council Training
When should you go to a lawyer?
| Situation | Urgency |
|---|---|
| Received notice of termination | Immediately — 3-week deadline expires |
| Termination agreement presented | Before signing |
| Received a warning | Within 1-2 weeks |
| Received a reference letter | Within 2-3 weeks |
| Bullying or discrimination | Promptly — Securing evidence is important |
| New employment contract | Before signing |
About lawyer Martin Reichelt
Since establishing my law firm in Dresden, I have been advising employees and employers on all matters of employment law. My focus is on protection against dismissal, severance negotiations, and the drafting of employment contracts. As a specialist lawyer for employment law, I combine practical experience with in-depth expertise.
Do you have a question about employment law? Call me on 0351/40436556 or write to kontakt@kanzlei-reichelt.de. The initial assessment is free.
This article is for general information only and does not constitute individual legal advice. For an assessment specific to your case, please arrange Consultation appointment with lawyer Martin Reichelt.
