StaatsNavigator
Law & Justice

File a wrongful termination lawsuit

Lawsuit filed in labor court challenging the termination of employment to establish its invalidity.

Processing: approx. 2 months
Online application possibleSuccess rate: 65.0 %

How to proceed

  1. 1

    Please note the deadline

    A lawsuit must be filed within 3 weeks of receiving the notice of termination.

  2. 2

    File a lawsuit with the labor court

    In writing or on the record at the court clerk's office; this can be done even without a lawyer.

  3. 3

    Mediation session

    The proceedings often end with a settlement (compensation).

Required documents

  • Notice of TerminationMandatory
  • Employment Contract

Responsible authority

The authority of your main place of residence is responsible.Find authority →

Fees

Varies by case

Processing time

approx. 2 months

Official: max. approx. 3 months

Online application

Online possible – at the responsible authority

Common mistakes

  • The 3-week deadline from the date of receipt of the notice of termination has been missed
  • The original copy of the termination letter was not retained

Common reasons for rejection

  • 3-week deadline missed
  • Termination is effective both formally and substantively

The essentials before applying

Who is eligible?

Employees who believe that the termination of their employment is invalid.

Income limit

The limit varies by household and region – see the table at the responsible authority or in the application assistant.

Processing time

Nationwide: approx. approx. 2 months

Success rate

approx. 65.0 % (estimate)

Most common mistakes

  • The 3-week deadline from the date of receipt of the notice of termination has been missed
  • The original copy of the termination letter was not retained

Common reasons for rejection

  • 3-week deadline missed
  • Termination is effective both formally and substantively

Alternatives

  • Check related services in the application assistant
  • Use social counselling before applying

If rejected

Read the decision carefully: often submitting missing documents or reapplying helps more than an objection.

Related services

Questions & Answers

How long do I have to file a lawsuit?

The complaint must be filed with the labor court within 3 weeks of receiving the written notice of termination; otherwise, the termination is considered valid.

Read more