Losing your job in a foreign country is stressful – especially when the rules are unfamiliar and your rights are unclear. If you’re an international employee working in Germany and have been dismissed, pressured to resign, or are unsure about your legal position, this guide will help you understand the legal framework, your options, and the urgent steps you must take to protect your rights.
As a certified specialist in employment law, I advise employees from all over the world on how to defend themselves effectively against unfair treatment and dismissals in Germany.
1. German law protects employees – including foreigners
Germany has some of the strongest employee protection laws in Europe. You do not need to be German to be protected – the law applies equally to all employees working under German employment contracts.
This includes:
• EU and non-EU citizens,
• Employees with temporary or permanent contracts,
• Employees on probation (to a limited extent),
• Part-time workers and mini-jobbers.
Your nationality or visa status does not reduce your rights under German labor law.
2. Employers must justify any termination
Under German law, an employer can only dismiss an employee if there is a legally valid reason – and if they comply with formal requirements. Otherwise, the termination may be invalid.
There are three legally accepted reasons for termination:
1. Personal misconduct (e.g. theft, repeated lateness, refusal to work),
2. Poor performance over a longer period, despite prior warnings,
3. Operational reasons, such as company downsizing or business closures.
Even in those cases, the employer must follow strict rules:
• Observe notice periods,
• Give written notice (verbal terminations are invalid),
• Provide clear and truthful justification,
• Comply with social selection requirements (especially in redundancies).
If any of these elements are missing or incorrect, the dismissal can be overturned by the labor court.
3. Warning: 3-week deadline for legal action!
If you want to challenge a dismissal, you must file a lawsuit within 3 weeks of receiving the termination letter.
This deadline is absolute. After 3 weeks, the termination becomes legally effective – even if it was clearly unlawful.
Don’t wait or try to negotiate on your own. You must act within the deadline to preserve your rights.
4. What about severance pay in Germany?
Contrary to popular belief, there is no automatic right to severance in Germany. However, severance payments are often the outcome of a court case, especially when the dismissal was weakly justified.
Severance is typically negotiated as part of a settlement agreement during litigation.
In many cases, foreign employees can achieve:
• A severance payment (Abfindung),
• A corrected job reference (Arbeitszeugnis),
• Compensation for unfair treatment or damages,
• Or even reinstatement, if desired.
5. Typical signs of unlawful termination
You should consider legal action if:
• You are dismissed shortly after reporting problems or taking sick leave,
• You are fired during or after maternity leave or parental leave,
• You were told verbally or by email – but not in writing,
• The stated reason for termination is unclear, unfair or untrue,
• You were not given prior warnings, even in performance-related cases,
• The employer claims financial problems – but hires new people afterward,
• You were singled out despite others having similar performance or roles.
These are classic signs of invalid or abusive termination.
6. What if you were bullied before dismissal?
Workplace bullying (mobbing) is a serious issue in Germany. If your dismissal followed:
• Ongoing conflicts,
• Exclusion or undermining by colleagues,
• Negative rumors or unfair criticism,
• Retaliation for whistleblowing or complaints,
then this may strengthen your legal position. Courts consider the broader employment context – not just the final termination letter.
You may also have an independent claim for damages due to bullying or harassment.
7. You don’t need to accept this – even if you already left
Many international workers leave quietly or feel too insecure to fight back. Some sign termination agreements or “voluntary resignations” they don’t understand.
If you were pressured or misled, or didn’t receive proper explanation or documents, you may still have legal options – but the 3-week deadline still applies.
Please do not assume your case is hopeless. It often isn’t.
8. How I can help – and what you should do next
As a specialist employment lawyer, I represent international employees across Germany. I advise and represent clients in:
• Termination protection lawsuits (Kündigungsschutzklage),
• Negotiation of severance and compensation,
• Protection against workplace discrimination or retaliation,
• Review and correction of employment references.
What I need from you:
To act quickly and file a claim on time, I need the following:
• A signed power of attorney (you will receive this from me),
• A copy of your termination letter,
• Your employment contract,
• Your last three payslips,
• And ideally, a brief timeline of key events.
I bill according to the statutory German attorney fee schedule (RVG) – transparent, fair, and based on the case value.
Summary: Your rights, your deadline, your decision
If you’ve been dismissed, you only have 3 weeks to act. After that, your right to contest the termination may be lost forever.
As your legal representative, I will:
• Evaluate your case quickly and thoroughly,
• File the necessary court action in time,
• Negotiate your rights and entitlements with strength and clarity,
• And ensure you are treated fairly under German law.
Don’t hesitate. Your time to act is limited – but your legal rights are strong.